SENATORS Robert Gardner, Mumper, Spada, Stivers, Prentiss, Miller

To amend sections 3301.079, 3301.0710, 3301.0711,

1

3301.0712, 3301.0714, 3301.0715, 3301.801,

2

3301.91, 3302.01, 3302.02, 3302.03, 3302.031,

3

3302.04, 3302.05, 3313.532, 3313.608, 3313.6010,

4

3313.6012, 3313.61, 3313.611, 3313.612, 3313.64,

5

3313.65, 3313.97, 3314.012, 3314.02, 3314.03,

6

3314.20, 3317.023, 3317.04, 3317.08, 3334.01,

7

3334.12, 3334.17, 3334.19, and 5705.412; to enact

8

sections 3302.021 and 3314.033, and to repeal

9

sections 3301.0713 and 3365.15 of the Revised Code

10

to comply with the "No Child Left Behind Act of

11

2001" by revising the system of statewide

12

achievement testing to include annual achievement

13

tests in reading and math in grades three through

14

eight; requiring the State Board of Education to

15

designate five ranges of scores on the achievement

16

tests; requiring an annual determination of a

17

district's progress toward meeting a "proficient"

18

level of achievement (AYP); requiring school

19

districts to provide intervention services to

20

students scoring below the "proficient" level on

21

achievement tests; prohibiting exemptions from

22

taking achievement tests for limited English

23

proficient students; making the administration of

24

diagnostic assessments to certain students in

25

grades three through eight voluntary; adding

26

calculations of a performance index score to

27

determinations of school district and building

28

performance ratings; directing the Department of

29

Education to implement a value-added progress

30

dimension and to incorporate it into the district

31

and building report cards by July 1, 2007;

32

creating the Ohio Accountability Task Force to

33

examine the implementation of the value-added

34

factor and to make recommendations regarding the

35

state's accountability system; requiring the

36

inclusion of "highly qualified" teacher data on

37

the report cards; requiring the disaggregation of

38

student performance data according to disability,

39

limited English proficient status, and migrant

40

status and eliminating disaggregation of data by

41

vocational education status; specifying the

42

sanctions for school districts and buildings,

43

including community schools, that fail to meet

44

performance standards; to require the State Board

45

of Education to recommend standards for the

46

operation of Internet- and computer-based

47

community schools; to make other changes to the

48

Community School Law; to make changes in the

49

authority of the Ohio Tuition Trust Authority to

50

administer its programs; to specify that school

51

districts need not attach a certificate of

52

available resources to current payrolls and

53

employment contracts for all district employees

54

and officers; to eliminate the requirement that

55

certain rules proposed by the State Board of

56

Education be approved by the General Assembly

57

before taking effect; to permit a student who

58

relocates or whose parent relocates outside of the

59

school district in which the student is entitled

60

to attend school after the end of the first full

61

week in October and who is enrolled in a school of

62

that district prior to that time to continue to

63

attend school in that district free of tuition for

64

the balance of the school year; to require school

65

district aid payments to reflect biannual ADM; to

66

define tuition calculations for purposes of

67

tuition caps for certain state colleges and

68

universities; to supersede provisions of Section

69

41.06 of Am. Sub. H.B. 95 of the 125th General

70

Assembly prescribing terms for earmarked funds for

71

training of community school sponsors; to clarify

72

that the reappraisal guarantee calculation does

73

not include the charge-off supplement; to clarify

74

that reappraisal guarantee calculations for fiscal

75

year 2005 include fiscal year 2004 transitional

76

aid payments; to amend the version of section

77

3313.65 of the Revised Code that is scheduled to

78

take effect January 1, 2004, to continue the

79

provisions of this act on and after that effective

80

date, and to declare an emergency.

81

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	82
3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91, 3302.01,	83
3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532, 3313.6010,	84
3313.6012, 3313.61, 3313.611, 3313.612, 3313.64, 3313.65, 3313.97,	85
3314.012, 3314.02, 3314.03, 3314.20, 3317.023, 3317.04, 3317.08,	86
3334.01, 3334.12, 3334.17, 3334.19, and 5705.412 be amended and	87
sections 3302.021 and 3314.033 of the Revised Code be enacted to	88
read as follows:	89

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	90
state board of education shall adopt statewide academic standards	91
for each of grades kindergarten through twelve in reading,	92
writing, and mathematics. Not later than December 31, 2002, the	93
state board shall adopt statewide academic standards for each of	94
grades kindergarten through twelve in science and social studies.	95
The standards shall specify the academic content and skills that	96
students are expected to know and be able to do at each grade	97
level.	98

(2) When academic standards have been completed for any	99
subject area required by this division, the state board shall	100
inform all school districts of the content of those standards.	101

(B) Not later than eighteen months after the completion of	102
academic standards for any subject area required by division (A)	103
of this section, the state board shall adopt a model curriculum	104
for instruction in that subject area for each of grades	105
kindergarten through twelve that is sufficient to meet the needs	106
of students in every community. The model curriculum shall be	107
aligned with the standards to ensure that the academic content and	108
skills specified for each grade level are taught to students. When	109
any model curriculum has been completed, the state board shall	110
inform all school districts of the content of that model	111
curriculum.	112

All school districts may utilize the state standards and the	113
model curriculum established by the state board, together with	114
other relevant resources, examples, or models to ensure that	115
students have the opportunity to attain the academic standards.	116
Upon request, the department of education shall provide technical	117
assistance to any district in implementing the model curriculum.	118

Nothing in this section requires any school district to	119
utilize all or any part of a model curriculum developed under this	120
division.	121

(C) The state board shall develop achievement tests aligned	122
with the academic standards and model curriculum for each of the	123
subject areas and grade levels required by section 3301.0710 of	124
the Revised Code.	125

When any achievement test has been completed, the state board	126
shall inform all school districts of its completion, and the	127
department of education shall make the achievement test available	128
to the districts. School districts shall administer the	129
achievement test beginning in the school year indicated in section	130
3301.0712 of the Revised Code.	131

(D)(1) Not later than July 1, 2007, and except as provided in	132
division (D)(3) of this section, the state board shall adopt a	133
diagnostic assessment aligned with the academic standards and	134
model curriculum for each of grades kindergarten through two in	135
reading, writing, and mathematics and for each of grades three	136
through eight in reading, writing, mathematics, science, and	137
social studies. The diagnostic assessment shall be designed to	138
measure student comprehension of academic content and mastery of	139
related skills for the relevant subject area and grade level. Any	140
diagnostic assessment shall not include components to identify	141
gifted students. Blank copies of diagnostic tests shall be public	142
records.	143

(2) When each diagnostic assessment has been completed, the	144
state board shall inform all school districts of its completion	145
and the department of education shall make the diagnostic	146
assessment available to the districts at no cost to the district.	147
School districts shall administer the diagnostic assessment	148
pursuant to section 3301.0715 of the Revised Code beginning the	149
first school year following the development of the assessment.	150

(3) The state board shall not adopt a diagnostic assessment	151
for any subject area and grade level for which the state board	152
develops an achievement test under division (C) of this section.	153

(E) Whenever the state board or the department of education	154
consults with persons for the purpose of drafting or reviewing any	155
standards, diagnostic assessments, achievement tests, or model	156
curriculum required under this section, the state board or the	157
department shall first consult with parents of students in	158
kindergarten through twelfth grade and with active Ohio classroom	159
teachers, other school personnel, and administrators with	160
expertise in the appropriate subject area. Whenever practicable,	161
the state board and department shall consult with teachers	162
recognized as outstanding in their fields.	163

If the department contracts with more than one outside entity	164
for the development of the achievement tests required by this	165
section, the department shall ensure the interchangeability of	166
those tests.	167

(F) Not later than forty-five days prior to any deadline	168
established under division (A) or (B) of this section for the	169
adoption of academic standards or model curricula, the	170
superintendent of public instruction shall present the relevant	171
academic standards or curricula to a joint meeting of the house of	172
representatives and senate committees with jurisdiction over	173
education legislation.	174

(G) The fairness sensitivity review committee, established by	175
rule of the state board of education, shall not allow any question	176
on any achievement test or diagnostic assessment developed under	177
this section or any proficiency test prescribed by former section	178
3301.0710 of the Revised Code, as it existed prior to the	179
effective date of this sectionSeptember 11, 2001, to include, be	180
written to promote, or inquire as to individual moral or social	181
values or beliefs. The decision of the committee shall be final.	182
This section does not create a private cause of action.	183

Sec. 3301.0710.  The state board of education shall adopt	184
rules establishing a statewide program to test student	185
achievement. The state board shall ensure that all tests	186
administered under the testing program are aligned with the	187
academic standards and model curricula adopted by the state board	188
and are created with input from Ohio parents, Ohio classroom	189
teachers, Ohio school administrators, and other Ohio school	190
personnel pursuant to section 3301.079 of the Revised Code.	191

The testing program shall be designed to ensure that students	192
who receive a high school diploma demonstrate at least high school	193
levels of achievement in reading, writing, mathematics, science,	194
and social studies.	195

(A)(1) The state board shall prescribe all of the following:

196

(a) ATwo statewide achievement testtests, one each designed	197
to measure the level of reading and mathematics skill expected at	198
the end of third grade;	199

(b) TwoThree statewide achievement tests, one each designed	200
to measure the level of reading, writing, and mathematics skill	201
expected at the end of fourth grade;	202

(c) TwoFour statewide achievement tests, one each designed	203
to measure the level of reading, mathematics, science, and social	204
studies skill expected at the end of fifth grade;	205

(d) Two statewide achievement tests, one each designed to	206
measure the level of reading and mathematics skill expected at the	207
end of sixth grade;	208

(e) Three statewide achievement tests, one each designed to	209
measure the level of reading, writing, and mathematics skill	210
expected at the end of seventh grade;	211

(e) Two(f) Four statewide achievement tests, one each	212
designed to measure the level of reading, mathematics, science,	213
and social studies skill expected at the end of eighth grade.	214

(2) The state board shall determine and designate at least	215
fourfive ranges of scores on each of the achievement tests	216
described in divisiondivisions (A)(1) and (B) of this section.	217
Each range of scores shall be deemed to demonstrate a level of	218
achievement so that any student attaining a score within such	219
range has achieved one of the following:	220

(a) An advanced level of skill;

221

(b) An accelerated level of skill;

222

(c) A proficient level of skill;

223

(c)(d) A basic level of skill;

224

(d)(e) A below basiclimited level of skill.

225

(B) The tests prescribed under this division shall	226
collectively be known as the Ohio graduation tests. The state	227
board shall prescribe five statewide high school achievement	228
tests, one each designed to measure the level of reading, writing,	229
mathematics, science, and social studies skill expected at the end	230
of tenth grade, and shall determine and designate the score on	231
each such test that shall be deemed to demonstrate that any	232
student attaining such score has achieved at least a proficient	233
level of skill appropriate for tenth grade. The state board shall	234
designate a score in at least the range designated under division	235
(A)(2)(c) of this section on each such test that shall be deemed	236
to be a passing score on the test as a condition toward granting	237
high school diplomas under sections 3313.61, 3313.611, 3313.612,	238
and 3325.08 of the Revised Code.	239

The state board may enter into a reciprocal agreement with	240
the appropriate body or agency of any other state that has similar	241
statewide achievement testing requirements for receiving high	242
school diplomas, under which any student who has met an	243
achievement testing requirement of one state is recognized as	244
having met the similar achievement testing requirement of the	245
other state for purposes of receiving a high school diploma. For	246
purposes of this section and sections 3301.0711 and 3313.61 of the	247
Revised Code, any student enrolled in any public high school in	248
this state who has met an achievement testing requirement	249
specified in a reciprocal agreement entered into under this	250
division shall be deemed to have attained at least the applicable	251
score designated under this division on each test required by this	252
division that is specified in the agreement.	253

(C) The state board shall annually designate as follows the	254
dates on which the tests prescribed under this section shall be	255
administered:	256

(1) For the reading test prescribed under division (A)(1)(a)	257
of this section, as follows:	258

(a) One date prior to the thirty-first day of December each	259
school year;	260

(b) At least one date of each school year that is not earlier	261
than Monday of the week containing the eighth day of March;	262

(c) One date during the summer for students receiving summer	263
remediation services under section 3313.608 of the Revised Code.	264

(2) For the mathematics test prescribed under division	265
(A)(1)(a) of this section and the tests prescribed under divisions	266
(A)(1)(b), (c), (d), and (e), and (f) of this section, at least	267
one date of each school year that is not earlier than Monday of	268
the week containing the eighth day of March;	269

(3) For the tests prescribed under division (B) of this	270
section, at least one date in each school year that is not earlier	271
than Monday of the week containing the fifteenth day of March for	272
all tenth grade students and at least one date prior to the	273
thirty-first day of December and at least one date subsequent to	274
that date but prior to the thirty-first day of March of each	275
school year for eleventh and twelfth grade students.	276

(D) In prescribing test dates pursuant to division (C)(3) of	277
this section, the state board shall, to the greatest extent	278
practicable, provide options to school districts in the case of	279
tests administered under that division to eleventh and twelfth	280
grade students and in the case of tests administered to students	281
pursuant to division (C)(2) of section 3301.0711 of the Revised	282
Code. Such options shall include at least an opportunity for	283
school districts to give such tests outside of regular school	284
hours.	285

(E) In prescribing test dates pursuant to this section, the	286
state board of education shall designate the dates in such a way	287
as to allow a reasonable length of time between the administration	288
of tests prescribed under this section and any administration of	289
the National Assessment of Education Progress Test given to	290
students in the same grade level pursuant to section 3301.27 of	291
the Revised Code or federal law.	292

(F) Any committee established by the department of education	293
for the purpose of making recommendations to the state board	294
regarding the state board's designation of scores on the tests	295
described by this section shall inform the state board of the	296
probable percentage of students who would score in each of the	297
ranges established under division (A)(2) of this section on the	298
tests if the committee's recommendations are adopted by the state	299
board. To the extent possible, these percentages shall be	300
disaggregated by gender, major racial and ethnic groups, limited	301
English proficient students, economically disadvantaged students,	302
students with disabilities, and migrant students.	303

If the state board intends to make any change to the	304
committee's recommendations, the state board shall explain the	305
intended change to the Ohio accountability task force established	306
by section 3302.021 of the Revised Code. The task force shall	307
recommend whether the state board should proceed to adopt the	308
intended change. Nothing in this division shall require the state	309
board to designate test scores based upon the recommendations of	310
the task force.	311

Sec. 3301.0711.  (A) The department of education shall:

312

(1) Annually furnish to, grade, and score all tests required	313
by section 3301.0710 of the Revised Code to be administered by	314
city, local, exempted village, and joint vocational school	315
districts. In awarding contracts for grading tests, the department	316
shall give preference to Ohio-based entities employing Ohio	317
residents.	318

(2) Adopt rules for the ethical use of tests and prescribing	319
the manner in which the tests prescribed by section 3301.0710 of	320
the Revised Code shall be administered to students.	321

(B) Except as provided in divisions (C) and (J) of this	322
section, the board of education of each city, local, and exempted	323
village school district shall, in accordance with rules adopted	324
under division (A) of this section:	325

(1) Administer the reading test prescribed under division	326
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	327
to all students in the third grade who have not attained the score	328
designated for that test under division (A)(2)(b)(c) of section	329
3301.0710 of the Revised Code and once each summer to students	330
receiving summer remediation services under section 3313.608 of	331
the Revised Code.	332

(2) Administer the mathematics test prescribed under division	333
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	334
annually to all students in the third grade.	335

(3) Administer the tests prescribed under division (A)(1)(b)	336
of section 3301.0710 of the Revised Code at least once annually to	337
all students in the fourth grade.	338

(3)(4) Administer the tests prescribed under division	339
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	340
annually to all students in the fifth grade.	341

(4)(5) Administer the tests prescribed under division	342
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	343
annually to all students in the sixth grade.	344

(6) Administer the tests prescribed under division	345
(A)(1)(d)(e) of section 3301.0710 of the Revised Code at least	346
once annually to all students in the seventh grade.	347

(5)(7) Administer the tests prescribed under division	348
(A)(1)(e)(f) of section 3301.0710 of the Revised Code at least	349
once annually to all students in the eighth grade.	350

(6)(8) Except as provided in division (B)(7)(9) of this	351
sectionssection, administer any test prescribed under division	352
(B) of section 3301.0710 of the Revised Code as follows:	353

(a) At least once annually to all tenth grade students and at	354
least twice annually to all students in eleventh or twelfth grade	355
who have not yet attained the score on that test designated under	356
that division;	357

(b) To any person who has successfully completed the	358
curriculum in any high school or the individualized education	359
program developed for the person by any high school pursuant to	360
section 3323.08 of the Revised Code but has not received a high	361
school diploma and who requests to take such test, at any time	362
such test is administered in the district.	363

(7)(9) In lieu of the board of education of any city, local,	364
or exempted village school district in which the student is also	365
enrolled, the board of a joint vocational school district shall	366
administer any test prescribed under division (B) of section	367
3301.0710 of the Revised Code at least twice annually to any	368
student enrolled in the joint vocational school district who has	369
not yet attained the score on that test designated under that	370
division. A board of a joint vocational school district may also	371
administer such a test to any student described in division	372
(B)(6)(8)(b) of this section.	373

(C)(1)(a) Any student receiving special education services	374
under Chapter 3323. of the Revised Code may be excused from taking	375
any particular test required to be administered under this section	376
if the individualized education program developed for the student	377
pursuant to section 3323.08 of the Revised Code excuses the	378
student from taking that test and instead specifies an alternate	379
assessment method approved by the department of education as	380
conforming to requirements of federal law for receipt of federal	381
funds for disadvantaged pupils. To the extent possible, the	382
individualized education program shall not excuse the student from	383
taking a test unless no reasonable accommodation can be made to	384
enable the student to take the test.	385

(b) Any alternate assessment approved by the department for a	386
student under this division shall produce measurable results	387
comparable to those produced by the tests which the alternate	388
assessments are replacing in order to allow for the student's	389
assessment results to be included in the data compiled for a	390
school district or building under section 3302.03 of the Revised	391
Code.	392

(c) Any student enrolled in a chartered nonpublic school who	393
has been identified, based on an evaluation conducted in	394
accordance with section 3323.03 of the Revised Code or section 504	395
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	396
794, as amended, as a child with a disability shall be excused	397
from taking any particular test required to be administered under	398
this section if a plan developed for the student pursuant to rules	399
adopted by the state board excuses the student from taking that	400
test. In the case of any student so excused from taking a test,	401
the chartered nonpublic school shall not prohibit the student from	402
taking the test.	403

(2) A district board may, for medical reasons or other good	404
cause, excuse a student from taking a test administered under this	405
section on the date scheduled, but any such test shall be	406
administered to such excused student not later than nine days	407
following the scheduled date. The board shall annually report the	408
number of students who have not taken one or more of the tests	409
required by this section to the state board of education not later	410
than the thirtieth day of June.	411

(3) As used in this division, "English-limitedlimited	412
English proficient student" means a student whose primary language	413
is not English, who has been enrolled in United States schools for	414
less than three full school years, and who within the school year	415
has been identified, in accordance with criteria provided by the	416
department of education, as lacking adequate proficiency in	417
English for a test under this section to produce valid results	418
with respect to that student's academic progresshas the same	419
meaning as in 20 U.S.C. 7801.	420

ANo school district board or governing authority of a	421
nonpublic school may grant a temporary, one-year exemption from	422
any test administered under this section to an English-limited	423
student. Not more than three temporary one-year exemptions may be	424
granted to any studentshall excuse any limited English proficient	425
student from taking any particular test required to be	426
administered under this section, but a board may permit any	427
limited English proficient student to take the test with	428
appropriate accommodations, as determined by the department.	429
During any school year in which aFor each limited English	430
proficient student is excused from taking one or more tests	431
administered under this section, theeach school district shall	432
annually assess that student's progress in learning English, in	433
accordance with procedures approved by the department.	434

No district board orThe governing authority of a chartered	435
nonpublic school may excuse a limited English proficient student	436
from taking any test administered under this section. However, no	437
governing authority shall prohibit an English-limiteda limited	438
English proficient student from taking athe test under this	439
section.	440

(D) In the school year next succeeding the school year in	441
which the tests prescribed by division (A)(1) or (B) of section	442
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	443
or (B) of section 3301.0710 of the Revised Code as it existed	444
prior to the effective date of this amendmentSeptember 11, 2001,	445
are administered to any student, the board of education of any	446
school district in which the student is enrolled in that year	447
shall provide to the student intervention services commensurate	448
with the student's test performance, including any intensive	449
intervention required under section 3313.608 of the Revised Code,	450
in any skill in which the student failed to demonstrate at least a	451
score at the proficient level on a proficiencythe test or a score	452
in the basic range on an achievement test. This division does not	453
apply to any student receiving services pursuant to an	454
individualized education program developed for the student	455
pursuant to section 3323.08 of the Revised Code.	456

(E) Except as provided in section 3313.608 of the Revised	457
Code and division (M) of this section, no school district board of	458
education shall utilize any student's failure to attain a	459
specified score on any test administered under this section as a	460
factor in any decision to deny the student promotion to a higher	461
grade level. However, a district board may choose not to promote	462
to the next grade level any student who does not take any test	463
administered under this section or make up such test as provided	464
by division (C)(2) of this section and who is not exempted from	465
the requirement to take the test under division (C)(1) or (3) of	466
this section.	467

(F) No person shall be charged a fee for taking any test	468
administered under this section.	469

(G) Not later than sixty days after any administration of any	470
test prescribed by section 3301.0710 of the Revised Code, the	471
department shall send to each school district board a list of the	472
individual test scores of all persons taking the test. For any	473
tests administered under this section by a joint vocational school	474
district, the department shall also send to each city, local, or	475
exempted village school district a list of the individual test	476
scores of any students of such city, local, or exempted village	477
school district who are attending school in the joint vocational	478
school district.	479

(H) Individual test scores on any tests administered under	480
this section shall be released by a district board only in	481
accordance with section 3319.321 of the Revised Code and the rules	482
adopted under division (A) of this section. No district board or	483
its employees shall utilize individual or aggregate test results	484
in any manner that conflicts with rules for the ethical use of	485
tests adopted pursuant to division (A) of this section.	486

(I) Except as provided in division (G) of this section, the	487
department shall not release any individual test scores on any	488
test administered under this section and shall adopt rules to	489
ensure the protection of student confidentiality at all times.	490

(J) Notwithstanding division (D) of section 3311.52 of the	491
Revised Code, this section does not apply to the board of	492
education of any cooperative education school district except as	493
provided under rules adopted pursuant to this division.	494

(1) In accordance with rules that the state board of	495
education shall adopt, the board of education of any city,	496
exempted village, or local school district with territory in a	497
cooperative education school district established pursuant to	498
divisions (A) to (C) of section 3311.52 of the Revised Code may	499
enter into an agreement with the board of education of the	500
cooperative education school district for administering any test	501
prescribed under this section to students of the city, exempted	502
village, or local school district who are attending school in the	503
cooperative education school district.	504

(2) In accordance with rules that the state board of	505
education shall adopt, the board of education of any city,	506
exempted village, or local school district with territory in a	507
cooperative education school district established pursuant to	508
section 3311.521 of the Revised Code shall enter into an agreement	509
with the cooperative district that provides for the administration	510
of any test prescribed under this section to both of the	511
following:	512

(a) Students who are attending school in the cooperative	513
district and who, if the cooperative district were not	514
established, would be entitled to attend school in the city,	515
local, or exempted village school district pursuant to section	516
3313.64 or 3313.65 of the Revised Code;	517

(b) Persons described in division (B)(6)(8)(b) of this	518
section.	519

Any testing of students pursuant to such an agreement shall	520
be in lieu of any testing of such students or persons pursuant to	521
this section.	522

(K)(1) Any chartered nonpublic school may participate in the	523
testing program by administering any of the tests prescribed by	524
section 3301.0710 or 3301.0712 of the Revised Code if the chief	525
administrator of the school specifies which tests the school	526
wishes to administer. Such specification shall be made in writing	527
to the superintendent of public instruction prior to the first day	528
of August of any school year in which tests are administered and	529
shall include a pledge that the nonpublic school will administer	530
the specified tests in the same manner as public schools are	531
required to do under this section and rules adopted by the	532
department.	533

(2) The department of education shall furnish the tests	534
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	535
to any chartered nonpublic school electing to participate under	536
this division.	537

(L)(1) The superintendent of the state school for the blind	538
and the superintendent of the state school for the deaf shall	539
administer the tests described by section 3301.0710 of the Revised	540
Code. Each superintendent shall administer the tests in the same	541
manner as district boards are required to do under this section	542
and rules adopted by the department of education and in conformity	543
with division (C)(1)(a) of this section.	544

(2) The department of education shall furnish the tests	545
described by section 3301.0710 of the Revised Code to each	546
superintendent.	547

(M) Notwithstanding division (E) of this section, a school	548
district may use a student's failure to attain a score in at least	549
the basic range on the mathematics test described by division	550
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	551
the tests described by division (A)(1)(b), (c), (d), or (e), or	552
(f) of section 3301.0710 of the Revised Code as a factor in	553
retaining that student in the current grade level.	554

(N)(1) All tests required by section 3301.0710 of the Revised	555
Code shall become public records pursuant to section 149.43 of the	556
Revised Code on the first day of July following the school year	557
that the test was administered.	558

(2) The department may field test proposed test questions	559
with samples of students to determine the validity, reliability,	560
or appropriateness of test questions for possible inclusion in a	561
future year's test. The department also may use anchor questions	562
on tests to ensure that different versions of the same test are of	563
comparable difficulty.	564

Field test questions and anchor questions shall not be	565
considered in computing test scores for individual students. Field	566
test questions and anchor questions may be included as part of the	567
administration of any test required by section 3301.0710 of the	568
Revised Code.	569

(3) Any field test question or anchor question administered	570
under division (N)(2) of this section shall not be a public	571
record. Such field test questions and anchor questions shall be	572
redacted from any tests which are released as a public record	573
pursuant to division (N)(1) of this section.	574

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	575
3301.0711 of the Revised Code, the state board of education shall	576
continue to prescribe and the department of education and each	577
school district shall continue to administer any proficiency test	578
as required byin accordance with those former sections, as they	579
existed prior to September 11, 2001, until the applicable test is	580
no longer required to be administered as indicated on the chart	581
below. When any achievement test, as indicated on the chart below,	582
has been developed and made available in accordance with section	583
3301.079 of the Revised Code. Thereafter, such achievement test	584
shall be administered to students under sections 3301.0710 and	585
3301.0711 of the Revised Code beginning in the school year	586
indicated on the chart below. School districts shall continue to	587
provide intervention services as required under former division	588
(D) of section 3301.0711 of the Revised Code, as it existed prior	589
to September 11, 2001, to students who fail to attain a score in	590
the proficient range on a fourth grade proficiency test.	591

(B) TheNotwithstanding division (A) of this section, the	644
state board shall continue to prescribe and school districts and	645
chartered nonpublic schools shall continue to administer ninth	646
grade proficiency tests in reading, writing, mathematics, science,	647
and citizenship to students who enter ninth grade prior to July 1,	648
2003, for as long as those students remain eligible under section	649
3313.614 of the Revised Code to receive their high school diplomas	650
based on passage of those ninth grade proficiency tests. No	651
student who enters ninth grade prior to July 1, 2003, is required	652
to take any Ohio graduation test, even if any are administered to	653
the student's grade level, until the student is required by	654
section 3313.614 of the Revised Code to pass Ohio graduation tests	655
to receive a high school diploma.	656

Sec. 3301.0714.  (A) The state board of education shall adopt	657
rules for a statewide education management information system. The	658
rules shall require the state board to establish guidelines for	659
the establishment and maintenance of the system in accordance with	660
this section and the rules adopted under this section. The	661
guidelines shall include:	662

(1) Standards identifying and defining the types of data in	663
the system in accordance with divisions (B) and (C) of this	664
section;	665

(2) Procedures for annually collecting and reporting the data	666
to the state board in accordance with division (D) of this	667
section;	668

(3) Procedures for annually compiling the data in accordance	669
with division (G) of this section;	670

(4) Procedures for annually reporting the data to the public	671
in accordance with division (H) of this section.	672

(B) The guidelines adopted under this section shall require	673
the data maintained in the education management information system	674
to include at least the following:	675

(1) Student participation and performance data, for each	676
grade in each school district as a whole and for each grade in	677
each school building in each school district, that includes:	678

(a) The numbers of students receiving each category of	679
instructional service offered by the school district, such as	680
regular education instruction, vocational education instruction,	681
specialized instruction programs or enrichment instruction that is	682
part of the educational curriculum, instruction for gifted	683
students, instruction for handicapped students, and remedial	684
instruction. The guidelines shall require instructional services	685
under this division to be divided into discrete categories if an	686
instructional service is limited to a specific subject, a specific	687
type of student, or both, such as regular instructional services	688
in mathematics, remedial reading instructional services,	689
instructional services specifically for students gifted in	690
mathematics or some other subject area, or instructional services	691
for students with a specific type of handicap. The categories of	692
instructional services required by the guidelines under this	693
division shall be the same as the categories of instructional	694
services used in determining cost units pursuant to division	695
(C)(3) of this section.	696

(b) The numbers of students receiving support or	697
extracurricular services for each of the support services or	698
extracurricular programs offered by the school district, such as	699
counseling services, health services, and extracurricular sports	700
and fine arts programs. The categories of services required by the	701
guidelines under this division shall be the same as the categories	702
of services used in determining cost units pursuant to division	703
(C)(4)(a) of this section.	704

(c) Average student grades in each subject in grades nine	705
through twelve;	706

(d) Academic achievement levels as assessed by the testing of	707
student achievement under sections 3301.0710 and 3301.0711 of the	708
Revised Code;	709

(e) The number of students designated as having a	710
handicapping condition pursuant to division (C)(1) of section	711
3301.0711 of the Revised Code;	712

(f) The numbers of students reported to the state board	713
pursuant to division (C)(2) of section 3301.0711 of the Revised	714
Code;	715

(g) Attendance rates and the average daily attendance for the	716
year. For purposes of this division, a student shall be counted as	717
present for any field trip that is approved by the school	718
administration.	719

(h) Expulsion rates;

720

(i) Suspension rates;

721

(j) The percentage of students receiving corporal punishment;

722

(k) Dropout rates;

723

(l) Rates of retention in grade;

724

(m) For pupils in grades nine through twelve, the average	725
number of carnegie units, as calculated in accordance with state	726
board of education rules;	727

(n) Graduation rates, to be calculated in a manner specified	728
by the department of education that reflects the rate at which	729
students who were in the ninth grade three years prior to the	730
current year complete school and that is consistent with	731
nationally accepted reporting requirements;	732

(o) Results of diagnostic assessments administered to	733
kindergarten students as required under section 3301.0715 of the	734
Revised Code to permit a comparison of the academic readiness of	735
kindergarten students. However, no district shall be required to	736
report to the department the results of any diagnostic assessment	737
administered to a kindergarten student if the parent of that	738
student requests the district not to report those results.	739

(2) Personnel and classroom enrollment data for each school	740
district, including:	741

(a) The total numbers of licensed employees and nonlicensed	742
employees and the numbers of full-time equivalent licensed	743
employees and nonlicensed employees providing each category of	744
instructional service, instructional support service, and	745
administrative support service used pursuant to division (C)(3) of	746
this section. The guidelines adopted under this section shall	747
require these categories of data to be maintained for the school	748
district as a whole and, wherever applicable, for each grade in	749
the school district as a whole, for each school building as a	750
whole, and for each grade in each school building.	751

(b) The total number of employees and the number of full-time	752
equivalent employees providing each category of service used	753
pursuant to divisions (C)(4)(a) and (b) of this section, and the	754
total numbers of licensed employees and nonlicensed employees and	755
the numbers of full-time equivalent licensed employees and	756
nonlicensed employees providing each category used pursuant to	757
division (C)(4)(c) of this section. The guidelines adopted under	758
this section shall require these categories of data to be	759
maintained for the school district as a whole and, wherever	760
applicable, for each grade in the school district as a whole, for	761
each school building as a whole, and for each grade in each school	762
building.	763

(c) The total number of regular classroom teachers teaching	764
classes of regular education and the average number of pupils	765
enrolled in each such class, in each of grades kindergarten	766
through five in the district as a whole and in each school	767
building in the school district.	768

(3)(a) Student demographic data for each school district,	769
including information regarding the gender ratio of the school	770
district's pupils, the racial make-up of the school district's	771
pupils, the number of limited English proficient students in the	772
district, and an appropriate measure of the number of the school	773
district's pupils who reside in economically disadvantaged	774
households. The demographic data shall be collected in a manner to	775
allow correlation with data collected under division (B)(1) of	776
this section. Categories for data collected pursuant to division	777
(B)(3) of this section shall conform, where appropriate, to	778
standard practices of agencies of the federal government.	779

(b) With respect to each student entering kindergarten,	780
whether the student previously participated in a public preschool	781
program, a private preschool program, or a head start program, and	782
the number of years the student participated in each of these	783
programs.	784

(4) Any data required to be collected pursuant to federal	785
law.	786

(C) The education management information system shall include	787
cost accounting data for each district as a whole and for each	788
school building in each school district. The guidelines adopted	789
under this section shall require the cost data for each school	790
district to be maintained in a system of mutually exclusive cost	791
units and shall require all of the costs of each school district	792
to be divided among the cost units. The guidelines shall require	793
the system of mutually exclusive cost units to include at least	794
the following:	795

(1) Administrative costs for the school district as a whole.	796
The guidelines shall require the cost units under this division	797
(C)(1) to be designed so that each of them may be compiled and	798
reported in terms of average expenditure per pupil in formula ADM	799
in the school district, as determined pursuant to section 3317.03	800
of the Revised Code.	801

(2) Administrative costs for each school building in the	802
school district. The guidelines shall require the cost units under	803
this division (C)(2) to be designed so that each of them may be	804
compiled and reported in terms of average expenditure per	805
full-time equivalent pupil receiving instructional or support	806
services in each building.	807

(3) Instructional services costs for each category of	808
instructional service provided directly to students and required	809
by guidelines adopted pursuant to division (B)(1)(a) of this	810
section. The guidelines shall require the cost units under	811
division (C)(3) of this section to be designed so that each of	812
them may be compiled and reported in terms of average expenditure	813
per pupil receiving the service in the school district as a whole	814
and average expenditure per pupil receiving the service in each	815
building in the school district and in terms of a total cost for	816
each category of service and, as a breakdown of the total cost, a	817
cost for each of the following components:	818

(a) The cost of each instructional services category required	819
by guidelines adopted under division (B)(1)(a) of this section	820
that is provided directly to students by a classroom teacher;	821

(b) The cost of the instructional support services, such as	822
services provided by a speech-language pathologist, classroom	823
aide, multimedia aide, or librarian, provided directly to students	824
in conjunction with each instructional services category;	825

(c) The cost of the administrative support services related	826
to each instructional services category, such as the cost of	827
personnel that develop the curriculum for the instructional	828
services category and the cost of personnel supervising or	829
coordinating the delivery of the instructional services category.	830

(4) Support or extracurricular services costs for each	831
category of service directly provided to students and required by	832
guidelines adopted pursuant to division (B)(1)(b) of this section.	833
The guidelines shall require the cost units under division (C)(4)	834
of this section to be designed so that each of them may be	835
compiled and reported in terms of average expenditure per pupil	836
receiving the service in the school district as a whole and	837
average expenditure per pupil receiving the service in each	838
building in the school district and in terms of a total cost for	839
each category of service and, as a breakdown of the total cost, a	840
cost for each of the following components:	841

(a) The cost of each support or extracurricular services	842
category required by guidelines adopted under division (B)(1)(b)	843
of this section that is provided directly to students by a	844
licensed employee, such as services provided by a guidance	845
counselor or any services provided by a licensed employee under a	846
supplemental contract;	847

(b) The cost of each such services category provided directly	848
to students by a nonlicensed employee, such as janitorial	849
services, cafeteria services, or services of a sports trainer;	850

(c) The cost of the administrative services related to each	851
services category in division (C)(4)(a) or (b) of this section,	852
such as the cost of any licensed or nonlicensed employees that	853
develop, supervise, coordinate, or otherwise are involved in	854
administering or aiding the delivery of each services category.	855

(D)(1) The guidelines adopted under this section shall	856
require school districts to collect information about individual	857
students, staff members, or both in connection with any data	858
required by division (B) or (C) of this section or other reporting	859
requirements established in the Revised Code. The guidelines may	860
also require school districts to report information about	861
individual staff members in connection with any data required by	862
division (B) or (C) of this section or other reporting	863
requirements established in the Revised Code. The guidelines shall	864
not authorize school districts to request social security numbers	865
of individual students. The guidelines shall prohibit the	866
reporting under this section of a student's name, address, and	867
social security number to the state board of education or the	868
department of education. The guidelines shall also prohibit the	869
reporting under this section of any personally identifiable	870
information about any student, except for the purpose of assigning	871
the data verification code required by division (D)(2) of this	872
section, to any other person unless such person is employed by the	873
school district or the data acquisition site operated under	874
section 3301.075 of the Revised Code and is authorized by the	875
district or acquisition site to have access to such information.	876
The guidelines may require school districts to provide the social	877
security numbers of individual staff members.	878

(2) The guidelines shall provide for each school district or	879
community school to assign a data verification code that is unique	880
on a statewide basis over time to each student whose initial Ohio	881
enrollment is in that district or school and to report all	882
required individual student data for that student utilizing such	883
code. The guidelines shall also provide for assigning data	884
verification codes to all students enrolled in districts or	885
community schools on the effective date of the guidelines	886
established under this section.	887

Individual student data shall be reported to the department	888
through the data acquisition sites utilizing the code but at no	889
time shall the state board or the department have access to	890
information that would enable any data verification code to be	891
matched to personally identifiable student data.	892

Each school district shall ensure that the data verification	893
code is included in the student's records reported to any	894
subsequent school district or community school in which the	895
student enrolls and shall remove all references to the code in any	896
records retained in the district or school that pertain to any	897
student no longer enrolled. Any such subsequent district or school	898
shall utilize the same identifier in its reporting of data under	899
this section.	900

(E) The guidelines adopted under this section may require	901
school districts to collect and report data, information, or	902
reports other than that described in divisions (A), (B), and (C)	903
of this section for the purpose of complying with other reporting	904
requirements established in the Revised Code. The other data,	905
information, or reports may be maintained in the education	906
management information system but are not required to be compiled	907
as part of the profile formats required under division (G) of this	908
section or the annual statewide report required under division (H)	909
of this section.	910

(F) Beginning with the school year that begins July 1, 1991,	911
the board of education of each school district shall annually	912
collect and report to the state board, in accordance with the	913
guidelines established by the board, the data required pursuant to	914
this section. A school district may collect and report these data	915
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	916

(G) The state board shall, in accordance with the procedures	917
it adopts, annually compile the data reported by each school	918
district pursuant to division (D) of this section. The state board	919
shall design formats for profiling each school district as a whole	920
and each school building within each district and shall compile	921
the data in accordance with these formats. These profile formats	922
shall:	923

(1) Include all of the data gathered under this section in a	924
manner that facilitates comparison among school districts and	925
among school buildings within each school district;	926

(2) Present the data on academic achievement levels as	927
assessed by the testing of student achievement maintained pursuant	928
to division (B)(1)(e)(d) of this section so that the academic	929
achievement levels of students who are excused from taking any	930
such test pursuant to division (C)(1) of section 3301.0711 of the	931
Revised Code are distinguished from the academic achievement	932
levels of students who are not so excused.	933

(H)(1) The state board shall, in accordance with the	934
procedures it adopts, annually prepare a statewide report for all	935
school districts and the general public that includes the profile	936
of each of the school districts developed pursuant to division (G)	937
of this section. Copies of the report shall be sent to each school	938
district.	939

(2) The state board shall, in accordance with the procedures	940
it adopts, annually prepare an individual report for each school	941
district and the general public that includes the profiles of each	942
of the school buildings in that school district developed pursuant	943
to division (G) of this section. Copies of the report shall be	944
sent to the superintendent of the district and to each member of	945
the district board of education.	946

(3) Copies of the reports received from the state board under	947
divisions (H)(1) and (2) of this section shall be made available	948
to the general public at each school district's offices. Each	949
district board of education shall make copies of each report	950
available to any person upon request and payment of a reasonable	951
fee for the cost of reproducing the report. The board shall	952
annually publish in a newspaper of general circulation in the	953
school district, at least twice during the two weeks prior to the	954
week in which the reports will first be available, a notice	955
containing the address where the reports are available and the	956
date on which the reports will be available.	957

(I) Any data that is collected or maintained pursuant to this	958
section and that identifies an individual pupil is not a public	959
record for the purposes of section 149.43 of the Revised Code.	960

(J) As used in this section:

961

(1) "School district" means any city, local, exempted	962
village, or joint vocational school district.	963

(2) "Cost" means any expenditure for operating expenses made	964
by a school district excluding any expenditures for debt	965
retirement except for payments made to any commercial lending	966
institution for any loan approved pursuant to section 3313.483 of	967
the Revised Code.	968

(K) Any person who removes data from the information system	969
established under this section for the purpose of releasing it to	970
any person not entitled under law to have access to such	971
information is subject to section 2913.42 of the Revised Code	972
prohibiting tampering with data.	973

(L) Any time the department of education determines that a	974
school district has taken any of the actions described under	975
division (L)(1), (2), or (3) of this section, it shall make a	976
report of the actions of the district, send a copy of the report	977
to the superintendent of such school district, and maintain a copy	978
of the report in its files:	979

(1) The school district fails to meet any deadline	980
established pursuant to this section for the reporting of any data	981
to the education management information system;	982

(2) The school district fails to meet any deadline	983
established pursuant to this section for the correction of any	984
data reported to the education management information system;	985

(3) The school district reports data to the education	986
management information system in a condition, as determined by the	987
department, that indicates that the district did not make a good	988
faith effort in reporting the data to the system.	989

Any report made under this division shall include	990
recommendations for corrective action by the school district.	991

Upon making a report for the first time in a fiscal year, the	992
department shall withhold ten per cent of the total amount due	993
during that fiscal year under Chapter 3317. of the Revised Code to	994
the school district to which the report applies. Upon making a	995
second report in a fiscal year, the department shall withhold an	996
additional twenty per cent of such total amount due during that	997
fiscal year to the school district to which the report applies.	998
The department shall not release such funds unless it determines	999
that the district has taken corrective action. However, no such	1000
release of funds shall occur if the district fails to take	1001
corrective action within forty-five days of the date upon which	1002
the report was made by the department.	1003

(M) The department of education, after consultation with the	1004
Ohio education computer network, may provide at no cost to school	1005
districts uniform computer software for use in reporting data to	1006
the education management information system, provided that no	1007
school district shall be required to utilize such software to	1008
report data to the education management information system if such	1009
district is so reporting data in an accurate, complete, and timely	1010
manner in a format compatible with that required by the education	1011
management information system.	1012

(N) The state board of education, in accordance with sections	1013
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1014
license as defined under division (A) of section 3319.31 of the	1015
Revised Code that has been issued to any school district employee	1016
found to have willfully reported erroneous, inaccurate, or	1017
incomplete data to the education management information system.	1018

(O) No person shall release or maintain any information about	1019
any student in violation of this section. Whoever violates this	1020
division is guilty of a misdemeanor of the fourth degree.	1021

(P) The department shall disaggregate the data collected	1022
under division (B)(1)(o) of this section according to the race and	1023
socioeconomic status of the students assessed. No data collected	1024
under that division shall be included on the report cards required	1025
by section 3302.03 of the Revised Code.	1026

(Q) If the department cannot compile any of the information	1027
required by division (D)(C)(5) of section 3302.03 of the Revised	1028
Code based upon the data collected under this section, the	1029
department shall develop a plan and a reasonable timeline for the	1030
collection of any data necessary to comply with that division.	1031

Sec. 3301.0715.  (A) Except as provided in division (E) of	1032
this section, the board of education of each city, local, and	1033
exempted village school district shall administer each applicable	1034
diagnostic assessment developed and provided to the district in	1035
accordance with section 3301.079 of the Revised Code to measure	1036
student progress toward the attainment of academic standards for	1037
grades kindergarten through two in reading, writing, and	1038
mathematics and for grades three through eight in reading,	1039
writing, mathematics, science, and social studies the following:	1040

(1) Each student enrolled in a building subject to division	1041
(E) of section 3302.04 of the Revised Code;	1042

(2) Any student who transfers into the district or to a	1043
different school within the district, within thirty days after the	1044
date of transfer;	1045

(3) Each kindergarten student, within six weeks after the	1046
first day of school. For the purpose of division (A)(3) of this	1047
section, the district shall administer the kindergarten readiness	1048
assessment provided by the department of education.	1049

(4) Each student enrolled in first or second grade.

1050

(B) Each district board shall administer each diagnostic	1051
assessment as the board deems appropriate. However, the board	1052
shall administer any diagnostic assessment at least once annually	1053
to all students in the appropriate grade level. A district board	1054
may administer any diagnostic assessment in the fall and spring of	1055
a school year to measure the "value added"amount of academic	1056
growth attributable to the instruction received by students during	1057
that school year.	1058

(C) Each district board shall utilize and score any	1059
diagnostic assessment administered under division (A) of this	1060
section in accordance with rules established by the department of	1061
education. Except as required by division (B)(1)(o) of section	1062
3301.0714 of the Revised Code, neither the state board of	1063
education nor the department shall require school districts to	1064
report the results of diagnostic assessments for any students to	1065
the department or to make any such results available in any form	1066
to the public. After the administration of any diagnostic	1067
assessment, each district shall provide a student's completed	1068
diagnostic assessment, the results of such assessment, and any	1069
other accompanying documents used during the administration of the	1070
assessment to the parent of that student upon the parent's	1071
request.	1072

(D) Each district board shall provide intervention services	1073
to students whose diagnostic assessments show that they are	1074
failing to make satisfactory progress toward attaining the	1075
academic standards for their grade level.	1076

(E) Any district declared excellent under section 3302.03 of	1077
the Revised Codethat made adequate yearly progress, as defined in	1078
section 3302.01 of the Revised Code, in the immediately preceding	1079
school year may assess student progress in grades one through	1080
eight using a diagnostic assessment other than the diagnostic	1081
assessment required by division (A) of this section.	1082

(F) Within thirty days after a student transfers into a	1083
school district or to a different school within the same district,	1084
the district shall administer each diagnostic assessment required	1085
under division (A) of this section to the studentA district board	1086
may administer any diagnostic assessment provided to the district	1087
in accordance with section 3301.079 of the Revised Code to any	1088
student enrolled in a building that is not subject to division	1089
(A)(1) of this section. Any district electing to administer	1090
diagnostic assessments to students under this division shall	1091
provide intervention services to any such student whose diagnostic	1092
assessment shows unsatisfactory progress toward attaining the	1093
academic standards for the student's grade level.	1094

Sec. 3301.801. (A) The Ohio SchoolNet commission shall create	1095
and maintain a clearinghouse for classroom teachers, including any	1096
classroom teachers employed by community schools established under	1097
Chapter 3314. of the Revised Code, to easily obtain lesson plans	1098
and materials and other practical resources for use in classroom	1099
teaching. The commission shall develop a method of obtaining	1100
submissions, from classroom teachers and others, of such plans,	1101
materials, and other resources that have been used in the	1102
classroom and that can be readily used and implemented by	1103
classroom teachers in their regular teaching activities. The	1104
commission also shall develop methods of informing classroom	1105
teachers of both the availability of such plans, materials, and	1106
other resources, and of the opportunity to submit such plans,	1107
materials, and other resources and other classroom teaching ideas	1108
to the clearinghouse.	1109

The department of education shall regularly identify	1110
research-based practices concerned with scheduling and allotting	1111
instructional time and submit such practices to the commission for	1112
inclusion in the clearinghouse.	1113

The commission shall periodically report to the speaker and	1114
minority leader of the house of representatives, the president and	1115
minority leader of the senate, and the chairpersons and ranking	1116
minority members of the education committees of the senate and the	1117
house of representatives regarding the clearinghouse and make	1118
recommendations for changes in state law or administrative rules	1119
that may facilitate the usefulness of the clearinghouse.	1120

(B) Not later than one year after the effective date of this	1121
amendment, the department of education shall identify research	1122
studies on academic intervention and prevention practices that	1123
have been successful in improving the academic performance of	1124
students from different ethnic and socioeconomic groups, develop	1125
an annotated bibliography of such studies, and provide that	1126
bibliography to the Ohio SchoolNet commission. The commission	1127
shall promptly make the bibliography available to school districts	1128
as a part of the clearinghouse established under this section.	1129

Sec. 3301.91.  (A) The OhioReads council's responsibilities	1130
include, but are not limited to, the following:	1131

(1) Advising and consenting to the superintendent of public	1132
instruction's appointments to the position of executive director	1133
of the OhioReads office;	1134

(2) Evaluating the effectiveness of the OhioReads initiative	1135
established by this section and sections 3301.86 and 3301.87 of	1136
the Revised Code and conducting annual evaluations beginning in	1137
fiscal year 2002;	1138

(3) Developing a strategic plan for identifying, recruiting,	1139
training, qualifying, and placing volunteers for the OhioReads	1140
initiative;	1141

(4) Establishing standards for the awarding of classroom	1142
reading grants under section 3301.86 of the Revised Code and	1143
community reading grants under section 3301.87 of the Revised	1144
Code, including eligibility criteria, grant amounts, purposes for	1145
which grants may be used, and administrative, programmatic, and	1146
reporting requirements;	1147

(5) Awarding classroom reading grants and community reading	1148
grants to be paid by the OhioReads office under sections 3301.86	1149
and 3301.87 of the Revised Code;	1150

(6) Establishing guidelines for and overseeing the general	1151
responsibilities and mission of the executive director of the	1152
OhioReads office;	1153

(7) Adopting rules pursuant to Chapter 119. of the Revised	1154
Code to establish standards required under sections 3301.86 and	1155
3301.87 of the Revised Code.	1156

(B) In performing its duties, the council shall, to the	1157
extent practicable:	1158

(1) Give primary consideration to the safety and well-being	1159
of children participating in the OhioReads initiative;	1160

(2) Maximize the use of resources to improve reading	1161
outcomes, especially the fourth grade reading proficiency test	1162
established under former division (A)(1) of section 3301.0710 of	1163
the Revised Code, as it existed prior to September 11, 2001, and	1164
the third grade reading achievement test established under	1165
division (A)(1)(a) of section 3301.0710 of the Revised Code;	1166

(3) Identify and maximize relevant federal and state	1167
resources to leverage OhioReads resources and related programs;	1168

(4) Focus on early reading intervention strategies,	1169
professional development, and parental involvement;	1170

(5) Give priority to programs recognized as promising	1171
educational practices for accelerating student achievement,	1172
including, but not limited to, programs primarily using volunteers	1173
and programs that may have been reviewed by the education	1174
commission of the states.	1175

Sec. 3302.01.  As used in this chapter:

1176

(A) "Dropout" means a student who withdraws from school	1177
before completing course requirements for graduation and who is	1178
not enrolled in an education program approved by the state board	1179
of education or an education program outside the state. "Dropout"	1180
does not include a student who has departed the country.	1181

(B) "Graduation rate" means a calculation of the percentage	1182
of ninth grade students who graduate by the end of the summer	1183
following their twelfth grade year. The graduation rate is the	1184
ratio of the students receiving a diploma to the number of	1185
students who entered ninth grade four years earlier. Students who	1186
transfer into the district are added to the calculation. Students	1187
who transfer out of the district for reasons other than dropout	1188
are subtracted from the calculation. Students who do not graduate	1189
within four years but who continue their high school education in	1190
the following year in the same school district are removed from	1191
the calculation for the year in which they would have graduated	1192
and are added to the calculation for the following year's	1193
graduating class as if the student had entered ninth grade four	1194
years before the intended graduation date of that class. In each	1195
subsequent year that such students do not graduate but continue	1196
their high school education uninterrupted in the same school	1197
district, such students shall be reassigned to the district's	1198
graduation rate for that year by assuming that the students	1199
entered ninth grade four years before the date of the intended	1200
graduation. If a student who was a dropout in any previous year	1201
returns to the same school district, that student shall be entered	1202
into the calculation as if the student had entered ninth grade	1203
four years before the graduation year of the graduating class that	1204
the student joins.	1205

(C) "Attendance rate" means the ratio of the number of	1206
students actually in attendance over the course of a school year	1207
to the number of students who were required to be in attendance	1208
that school year, as calculated pursuant to rules of the	1209
superintendent of public instruction.	1210

(D) "Three-year average" means the average of the most recent	1211
consecutive three school years of data.	1212

(E) "Required level of improvement" means at least one	1213
standard unit of improvement on at least the percentage of	1214
performance standards required to demonstrate overall improvement,	1215
in accordance with the rule approved under division (A) of section	1216
3302.04 of the Revised Code"Performance index score" means the	1217
average of the totals derived from calculations for each subject	1218
area of reading, writing, mathematics, science, and social studies	1219
of the weighted proportion of untested students and students	1220
scoring at each level of skill described in division (A)(2) of	1221
section 3301.0710 of the Revised Code on the tests prescribed by	1222
divisions (A) and (B) of that section. The department of education	1223
shall assign weights such that students who do not take a test	1224
receive a weight of zero and students who take a test receive	1225
progressively larger weights dependent upon the level of skill	1226
attained on the test. The department shall also determine the	1227
performance index score a school district or building needs to	1228
achieve for the purpose of the performance ratings assigned	1229
pursuant to section 3302.03 of the Revised Code.	1230

Students shall be included in the "performance index score"	1231
in accordance with division (D)(2) of section 3302.03 of the	1232
Revised Code.	1233

(F) "Subgroup" means a subset of the entire student	1234
population of the state, a school district, or a school building	1235
and includes each of the following:	1236

(1) Major racial and ethnic groups;

1237

(2) Students with disabilities;

1238

(3) Economically disadvantaged students;

1239

(4) Limited English proficient students.

1240

(G) "Other academic indicators" means measures of student	1241
academic performance other than scores on tests administered under	1242
section 3301.0710 of the Revised Code, which shall be the	1243
attendance rate for elementary and middle schools and the	1244
graduation rate for high schools.	1245

(H) "Annual measurable objective" means the yearly percentage	1246
of students, which shall be established by the state board, who	1247
must score at or above the proficient level on tests established	1248
under section 3301.0710 of the Revised Code in reading and	1249
mathematics administered to their grade level for a school	1250
district or a school building to be deemed to have made sufficient	1251
progress for that school year toward the goal of having all	1252
students scoring at or above the proficient level on such tests by	1253
June 30, 2014. For the school year that begins July 1, 2003, the	1254
state board shall establish an "annual measurable objective" in	1255
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1256
1425, 20 U.S.C. 6311. In the school year following the first	1257
administration of each test established under section 3301.0710 of	1258
the Revised Code, the state board shall use the results from such	1259
tests to make any necessary adjustments in the applicable annual	1260
measurable objective.	1261

(I) "Adequate yearly progress," as required by the "No Child	1262
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a	1263
measure of annual academic performance. "Adequate yearly progress"	1264
is made by a school district or a school building when, in	1265
accordance with division (D)(2) of section 3302.03 of the Revised	1266
Code, the district or building satisfies either divisions (I)(1)	1267
and (2) of this section or divisions (I)(1) and (3) of this	1268
section in the applicable school year:	1269

(1) At least ninety-five per cent of the total student	1270
population and of each subgroup enrolled in the district or	1271
building at the time of the test administration takes each test in	1272
reading and mathematics prescribed by section 3301.0710 of the	1273
Revised Code that is administered to their grade level, except	1274
that this requirement shall not apply to any subgroup in the	1275
district or building that contains less than forty students. Those	1276
students taking a test with accommodations or an alternate	1277
assessment pursuant to division (C) of section 3301.0711 of the	1278
Revised Code shall be counted as taking that test for the purposes	1279
of this division.	1280

(2) The total student population and each subgroup in the	1281
district or building, as defined in division (D)(2) of section	1282
3302.03 of the Revised Code, meets or exceeds the annual	1283
measurable objective for that school year in reading and	1284
mathematics based upon data from the current school year or a	1285
three-year average of data and the district or building meets or	1286
exceeds the minimum threshold or makes progress on the other	1287
academic indicators for that school year. In calculating whether a	1288
district or building satisfies this division, the department shall	1289
include any subgroup in the district or building that contains	1290
thirty or more students, except that the department shall not	1291
include the subgroup described in division (F)(2) of this section	1292
unless such subgroup contains forty-five or more students. The	1293
determination of students in the subgroup described in division	1294
(F)(2) of this section who are not required to score at or above	1295
the proficient level on tests established under section 3301.0710	1296
of the Revised Code for the purpose of determining whether a	1297
district or building satisfies this division shall comply with	1298
federal statutes, rules, and regulations.	1299

(3) If the performance of the total student population or any	1300
subgroup in the district or building results in the failure of the	1301
district or building to satisfy division (I)(2) of this section,	1302
the district or building shall fulfill both of the following	1303
requirements with respect to the total student population or any	1304
pertinent subgroup:	1305

(a) The percentage of students scoring below the proficient	1306
level on the applicable tests in the total student population or	1307
subgroup decreases by at least ten per cent from the percentage of	1308
such students in the total student population or subgroup in the	1309
preceding school year or from the average percentage of such	1310
students in the total student population or subgroup in the two	1311
preceding school years.	1312

(b) The total student population or subgroup meets or exceeds	1313
the minimum threshold on the other academic indicators for that	1314
school year or makes progress toward meeting the minimum threshold	1315
on one of the other academic indicators for that school year.	1316

(J) "Supplemental educational services" means additional	1317
academic assistance, such as tutoring, remediation, or other	1318
educational enrichment activities, that is conducted outside of	1319
the regular school day by a provider approved by the department in	1320
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1321
1425, 20 U.S.C. 6316.	1322

(K) "Value-added progress dimension" means a measure of	1323
academic gain for a student or group of students over a specific	1324
period of time that is calculated by applying a statistical	1325
methodology to individual student achievement data derived from	1326
the achievement tests prescribed by section 3301.0710 of the	1327
Revised Code.	1328

Sec. 3302.02.  The state board of education annually through	1329
20062007, and every six years thereafter, shall establish at	1330
least seventeen performance indicators for the report cards	1331
required by division (D)(C) of section 3302.03 of the Revised	1332
Code. In establishing these indicators, the state board shall	1333
consider inclusion of student performance on any tests given under	1334
section 3301.0710 or 3301.0712 of the Revised Code, rates of	1335
student improvement on such tests, student attendance, the breadth	1336
of coursework available within the district, and other indicators	1337
of student success. The state board shall notify all school	1338
districts of the selected performance indicators at least two	1339
years before they are included in the report cardinform the Ohio	1340
accountability task force established under section 3302.021 of	1341
the Revised Code of the performance indicators it establishes	1342
under this section and the rationale for choosing each indicator	1343
and for determining how a school district or building meets that	1344
indicator.	1345

The state board shall not establish any performance indicator	1346
for passage of the third or fourth grade reading test that is	1347
solely based on the test given in the fall for the purpose of	1348
determining whether students have met the reading guarantee	1349
provisions of section 3313.608 of the Revised Code.	1350

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	1351
later than July 1, 2007, the department of education shall	1352
implement a value-added progress dimension for school districts	1353
and buildings and shall incorporate the value-added progress	1354
dimension into the report cards and performance ratings issued for	1355
districts and buildings under section 3302.03 of the Revised Code.	1356

The state board of education shall adopt rules, pursuant to	1357
Chapter 119. of the Revised Code, for the implementation of the	1358
value-added progress dimension. In adopting rules, the state board	1359
shall consult with the Ohio accountability task force established	1360
under division (D) of this section. The rules adopted under this	1361
division shall specify both of the following:	1362

(1) A scale for describing the levels of academic progress in	1363
reading and mathematics relative to a standard year of academic	1364
growth in those subjects for each of grades three through eight;	1365

(2) That the department shall maintain the confidentiality of	1366
individual student test scores and individual student reports in	1367
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	1368
Revised Code and federal law. The department may require school	1369
districts to use a unique identifier for each student for this	1370
purpose. Individual student test scores and individual student	1371
reports shall be made available only to a student's classroom	1372
teacher and other appropriate educational personnel and to the	1373
student's parent or guardian.	1374

(B) The department shall use a system designed for collecting	1375
necessary data, calculating the value-added progress dimension,	1376
analyzing data, and generating reports, which system has been used	1377
previously by a non-profit organization led by the Ohio business	1378
community for at least one year in the operation of a pilot	1379
program in cooperation with school districts to collect and report	1380
student achievement data via electronic means and to provide	1381
information to the districts regarding the academic performance of	1382
individual students, grade levels, school buildings, and the	1383
districts as a whole.	1384

(C) The department shall not pay more than two dollars per	1385
student for data analysis and reporting to implement the	1386
value-added progress dimension in the same manner and with the	1387
same services as under the pilot program described by division (B)	1388
of this section. However, nothing in this section shall preclude	1389
the department or any school district from entering into a	1390
contract for the provision of more services at a higher fee per	1391
student.	1392

(D)(1) There is hereby established the Ohio accountability	1393
task force. The task force shall consist of the following thirteen	1394
members:	1395

(a) The chairpersons and ranking minority members of the	1396
house of representatives and senate standing committees primarily	1397
responsible for education legislation, who shall be nonvoting	1398
members;	1399

(b) One representative of the governor's office, appointed by	1400
the governor;	1401

(c) The superintendent of public instruction, or the	1402
superintendent's designee;	1403

(d) One representative of teacher employee organizations	1404
formed pursuant to Chapter 4117. of the Revised Code, appointed by	1405
the speaker of the house of representatives;	1406

(e) One representative of school district boards of	1407
education, appointed by the president of the senate;	1408

(f) One school district superintendent, appointed by the	1409
speaker of the house of representatives;	1410

(g) One representative of business, appointed by the	1411
president of the senate;	1412

(h) One representative of a non-profit organization led by	1413
the Ohio business community, appointed by the governor;	1414

(i) One school building principal, appointed by the president	1415
of the senate;	1416

(j) A member of the state board of education, appointed by	1417
the speaker of the house of representatives.	1418

Initial appointed members of the task force shall serve until	1419
January 1, 2005. Thereafter, terms of office for appointed members	1420
shall be for two years, each term ending on the same day of the	1421
same month as did the term that it succeeds. Each appointed member	1422
shall hold office from the date of appointment until the end of	1423
the term for which the member was appointed. Members may be	1424
reappointed. Vacancies shall be filled in the same manner as the	1425
original appointment. Any member appointed to fill a vacancy	1426
occurring prior to the expiration of the term for which the	1427
member's predecessor was appointed shall hold office for the	1428
remainder of that term.	1429

The task force shall select from among its members a	1430
chairperson. The task force shall meet at least six times each	1431
calendar year and at other times upon the call of the chairperson	1432
to conduct its business. Members of the task force shall serve	1433
without compensation.	1434

(2) The task force shall do all of the following:

1435

(a) Examine the implementation of the value-added progress	1436
dimension by the department, including the system described in	1437
division (B) of this section, the reporting of performance data to	1438
school districts and buildings, and the provision of professional	1439
development on the interpretation of the data to classroom	1440
teachers and administrators;	1441

(b) Periodically review any fees for data analysis and	1442
reporting paid by the department pursuant to division (C) of this	1443
section and determine if the fees are appropriate based upon the	1444
level of services provided;	1445

(c) Periodically report to the department and the state board	1446
on all issues related to the school district and building	1447
accountability system established under this chapter;	1448

(d) Not later than seven years after its initial meeting,	1449
make recommendations to improve the school district and building	1450
accountability system established under this chapter. The task	1451
force shall adopt recommendations by a majority vote of its	1452
members. Copies of the recommendations shall be provided to the	1453
state board, the governor, the speaker of the house of	1454
representatives, and the president of the senate.	1455

(e) Determine starting dates for the implementation of the	1456
value-added progress dimension and its incorporation into school	1457
district and building report cards and performance ratings.	1458

Sec. 3302.03.  (A) Annually the department of education shall	1459
report for each school district theand each school building in a	1460
district all of the following:	1461

(1) The extent to which itthe school district or building	1462
meets each of the applicable performance indicators created by the	1463
state board of education under section 3302.02 of the Revised Code	1464
and shall specify for each such district the number of applicable	1465
performance indicators that have been achieved and whether;	1466

(2) The performance index score of the school district or	1467
building;	1468

(3) Whether the school district or building has made adequate	1469
yearly progress;	1470

(4) Whether the school district or building is an excellent	1471
school district, an effective school district, needs continuous	1472
improvement, is under an academic watch, or is in a state of	1473
academic emergency.	1474

When possible, the department shall also determine for each	1475
school building in a district the extent to which it meets any of	1476
the performance indicators applicable to the grade levels of the	1477
students in that school building and whether the school building	1478
is an excellent school, an effective school, needs continuous	1479
improvement, is under an academic watch, or is in a state of	1480
academic emergency.	1481

(B) If the state board establishes seventeen performance	1482
indicators applicable to a school district or building under	1483
section 3302.02 of the Revised Code:	1484

(1) A school district or building shall be declared excellent	1485
if it fulfills one of the following requirements:	1486

(a) It makes adequate yearly progress and either meets at	1487
least sixteenninety-four per cent of the applicable state	1488
performance indicators or has a performance index score	1489
established by the department.	1490

(b) It has failed to make adequate yearly progress for not	1491
more than two consecutive years and either meets at least	1492
ninety-four per cent of the applicable state performance	1493
indicators or has a performance index score established by the	1494
department.	1495

(2) A school district or building shall be declared effective	1496
if it fulfills one of the following requirements:	1497

(a) It makes adequate yearly progress and either meets	1498
thirteen through fifteenat least seventy-five per cent but less	1499
than ninety-four per cent of the applicable state performance	1500
indicators or has a performance index score established by the	1501
department.	1502

(b) It does not make adequate yearly progress and either	1503
meets at least seventy-five per cent of the applicable state	1504
performance indicators or has a performance index score	1505
established by the department, except that if it does not make	1506
adequate yearly progress for three consecutive years, it shall be	1507
declared in need of continuous improvement.	1508

(3) A school district or building shall be declared to be in	1509
need of continuous improvement if it fulfills one of the following	1510
requirements:	1511

(a) It makes adequate yearly progress, meets more than eight	1512
but less than thirteenless than seventy-five per cent of the	1513
applicable state performance indicators, and has a performance	1514
index score established by the department.	1515

(b) It does not make adequate yearly progress and either	1516
meets at least fifty per cent but less than seventy-five per cent	1517
of the applicable state performance indicators or has a	1518
performance index score established by the department.	1519

(4) A school district or building shall be declared to be	1520
under an academic watch if it does not make adequate yearly	1521
progress and either meets more than five but not more than eight	1522
at least thirty-one per cent but less than fifty per cent of the	1523
applicable state performance indicators or has a performance index	1524
score established by the department.	1525

(5) A school district or building shall be declared to be in	1526
a state of academic emergency if it does not make adequate yearly	1527
progress, does not meet more than fiveat least thirty-one per	1528
cent of the applicable state performance indicators, and has a	1529
performance index score established by the department.	1530

(C) If the state board establishes more than seventeen	1531
performance indicators under section 3302.02 of the Revised Code,	1532
or if less than seventeen performance indicators are applicable to	1533
a school building, the state board shall establish the number of	1534
indicators that must be met in order for a district or building to	1535
be designated as excellent, effective, needs continuous	1536
improvement, is under an academic watch, or is in a state of	1537
academic emergency. The number established for each such category	1538
under this division shall bear a similar relationship to the total	1539
number of indicators as the number of indicators required for the	1540
respective categories stated in division (B) of this section bears	1541
to seventeen.	1542

(D)(1) The department shall issue annual report cards for	1543
each school district, each building within each district, and for	1544
the state as a whole reflecting performance on the indicators	1545
created by the state board under section 3302.02 of the Revised	1546
Code, the performance index score, and adequate yearly progress.	1547

(2) The department shall include on the report card for each	1548
district information pertaining to any change from the previous	1549
year made by the school district or school buildings within the	1550
district on any performance indicator.	1551

(3) When reporting data on student performance, the	1552
department shall disaggregate that data according to the following	1553
categories:	1554

(a) Performance of students by age group;

1555

(b) Performance of students by race and ethnic group;

1556

(c) Performance of students by gender;

1557

(d) Performance of students grouped by those who have been	1558
enrolled in a district or school for three or more years;	1559

(e) Performance of students grouped by those who have been	1560
enrolled in a district or school for more than one year and less	1561
than three years;	1562

(f) Performance of students grouped by those who have been	1563
enrolled in a district or school for one year or less;	1564

(g) Performance of students grouped by those who are	1565
classified as vocational education students pursuant to guidelines	1566
adopted by the department for purposes of this division;	1567

(h) Performance of students grouped by those who are	1568
economically disadvantaged, to the extent that such data is	1569
available from the education management information system	1570
established under section 3301.0714 of the Revised Code;	1571

(i)(h) Performance of students grouped by those who are	1572
enrolled in a conversion community school established under	1573
Chapter 3314. of the Revised Code;	1574

(i) Performance of students grouped by those who are	1575
classified as limited English proficient;	1576

(j) Performance of students grouped by those who have	1577
disabilities;	1578

(k) Performance of students grouped by those who are	1579
classified as migrants;	1580

(l) Performance of students grouped by those who are	1581
identified as gifted pursuant to Chapter 3324. of the Revised	1582
Code.	1583

The department may disaggregate data on student performance	1584
according to other categories that the department determines are	1585
appropriate. To the extent possible, the department shall	1586
disaggregate data on student performance according to any	1587
combinations of two or more of the categories listed in divisions	1588
(C)(3)(a) to (l) of this section that it deems relevant.	1589

In reporting data pursuant to division (D)(C)(3) of this	1590
section, the department shall not include in the report cards any	1591
data statistical in nature that is statistically unreliable or	1592
that could result in the identification of individual students.	1593
For this purpose, the department shall not report student	1594
performance data for any group identified in division (C)(3) of	1595
this section that contains less than ten students.	1596

(4) The department may include with the report cards any	1597
additional education and fiscal performance data it deems	1598
valuable.	1599

(5) The department shall include on each report card a list	1600
of additional information collected by the department that is	1601
available regarding the district or building for which the report	1602
card is issued. When available, such additional information shall	1603
include student mobility data disaggregated by race and	1604
socioeconomic status, college enrollment data, and the reports	1605
prepared under section 3302.031 of the Revised Code.	1606

The department shall maintain a site on the world wide web.	1607
The report card shall include the address of the site and shall	1608
specify that such additional information is available to the	1609
public at that site. The department shall also provide a copy of	1610
each item on the list to the superintendent of each school	1611
district. The district superintendent shall provide a copy of any	1612
item on the list to anyone who requests it.	1613

(6) For any district that sponsors a conversion community	1614
school under Chapter 3314. of the Revised Code, the department	1615
shall combine data regarding the academic performance of students	1616
enrolled in the community school with comparable data from the	1617
schools of the district for the purpose of calculating the	1618
performance of the district as a whole on the report card issued	1619
for the district.	1620

(E)(7) The department shall include on each report card the	1621
percentage of teachers in the district or building who are highly	1622
qualified, as defined by the "No Child Left Behind Act of 2001,"	1623
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	1624
percentage with the percentages of such teachers in similar	1625
districts and buildings.	1626

(D)(1) In calculating reading, writing, mathematics, social	1627
studies, or science proficiency or achievement test passage rates	1628
used to determine school district or building performance under	1629
this section, the department shall include all students taking a	1630
test with accommodation or to whom an alternate assessment is	1631
administered pursuant to division (C)(1) or (3) of section	1632
3301.0711 of the Revised Code, but shall not include any student	1633
excused from taking a test pursuant to division (C)(3) of that	1634
section, whether or not the student chose to take the test	1635
voluntarily in spite of the exemption granted in that division.	1636

(2) In calculating performance index scores, rates of	1637
achievement on the performance indicators established by the state	1638
board under section 3302.02 of the Revised Code, and adequate	1639
yearly progress for school districts and buildings under this	1640
section, the department shall do both of the following:	1641

(a) Include for each district or building only those students	1642
who are included in the ADM certified for the first full school	1643
week of October and are continuously enrolled in the district or	1644
building through the time of the spring administration of any test	1645
prescribed by section 3301.0710 of the Revised Code that is	1646
administered to the student's grade level;	1647

(b) Include cumulative totals from both the fall and spring	1648
administrations of the third grade reading achievement test.	1649

Sec. 3302.031. In addition to the report cards required under	1650
section 3302.03 of the Revised Code, the department of education	1651
shall annually prepare the following reports for each school	1652
district and make a copy of each report available to the	1653
superintendent of each district:	1654

(A) A funding and expenditure accountability report which	1655
shall consist of the amount of state aid payments the school	1656
district will receive during the fiscal year under Chapter 3317.	1657
of the Revised Code and any other fiscal data the department	1658
determines is necessary to inform the public about the financial	1659
status of the district;	1660

(B) A school safety and discipline report which shall consist	1661
of statistical information regarding student safety and discipline	1662
in each school building, including the number of suspensions and	1663
expulsions disaggregated according to race and gender;	1664

(C) A student equity report which shall consist of at least a	1665
description of the status of teacher qualifications, library and	1666
media resources, textbooks, classroom materials and supplies, and	1667
technology resources for each district. To the extent possible,	1668
the information included in the report required under this	1669
division shall be disaggregated according to grade level, race,	1670
gender, disability, and scores attained on tests required under	1671
section 3301.0710 of the Revised Code.	1672

(D) A school enrollment report which shall consist of	1673
information about the composition of classes within each district	1674
by grade and subject disaggregated according to race, gender, and	1675
scores attained on tests required under section 3301.0710 of the	1676
Revised Code;	1677

(E) A student retention report which shall consist of the	1678
number of students retained in their respective grade levels in	1679
the district disaggregated by grade level, subject area, race,	1680
gender, and disability;	1681

(F) A school district performance report which shall describe	1682
for the district and each building within the district the extent	1683
to which the district or building meets each of the applicable	1684
performance indicators established under section 3302.02 of the	1685
Revised Code, the number of performance indicators that have been	1686
achieved, and the performance index score. In calculating the	1687
rates of achievement on the performance indicators and the	1688
performance index scores for each report, the department shall	1689
exclude all students with disabilities.	1690

Sec. 3302.04.  (A) The state board of education shall adopt a	1691
rule establishing both of the following:	1692

(1) A standard unit of improvement that any building within a	1693
district or school district would be required to achieve on a	1694
specific performance indicator that it failed to meet in order to	1695
be deemed to have made satisfactory improvement toward meeting	1696
that indicator.	1697

(2) The percentage of those performance indicators that a	1698
building within a district or a district did not meet, on which a	1699
building or district would be required to achieve the standard	1700
unit of improvement in order to be deemed to be making overall	1701
progress toward becoming an excellent building or district.	1702

The rule shall apply to determinations of school district	1703
improvement under division (B) of this sectionThe department of	1704
education shall establish a system of intensive, ongoing support	1705
for the improvement of school districts and school buildings. The	1706
system shall give priority to districts and buildings that have	1707
been declared to be under an academic watch or in a state of	1708
academic emergency under section 3302.03 of the Revised Code and	1709
shall include services provided to districts and buildings through	1710
regional service providers, such as educational service centers,	1711
regional professional development centers, and special education	1712
regional resource centers.	1713

(B) When a school district has been notified by the	1714
department pursuant to division (A) of section 3302.03 of the	1715
Revised Code that the district or a building within the district	1716
needs continuous improvement, is under an academic watch, or is in	1717
a state of academic emergencyhas failed to make adequate yearly	1718
progress for two consecutive school years, the district shall	1719
develop a three-year continuous improvement plan for the district	1720
or building containing an analysis of the reasons for the	1721
district's failure as a whole, or the failure of any buildings, to	1722
meet any of the indicators not met and specifying the strategies	1723
the district will use and the resources it will allocate to	1724
address the problem. Copies of the plan shall be made available to	1725
the publiceach of the following:	1726

(1) An analysis of the reasons for the failure of the	1727
district or building to meet any of the applicable performance	1728
indicators established under section 3302.02 of the Revised Code	1729
that it did not meet and an analysis of the reasons for its	1730
failure to make adequate yearly progress;	1731

(2) Specific strategies that the district or building will	1732
use to address the problems in academic achievement identified in	1733
division (B)(1) of this section;	1734

(3) Identification of the resources that the district will	1735
allocate toward improving the academic achievement of the district	1736
or building;	1737

(4) A description of any progress that the district or	1738
building made in the preceding year toward improving its academic	1739
achievement.	1740

No three-year continuous improvement plan shall be developed	1741
or adopted pursuant to this division unless at least one public	1742
hearing is held within the affected school district or building	1743
concerning the final draft of the plan. Notice of the hearing	1744
shall be given two weeks prior to the hearing by publication in	1745
one newspaper of general circulation within the territory of the	1746
affected school district or building. Copies of the plan shall be	1747
made available to the public.	1748

(C) When a school district or building has been notified by	1749
the department pursuant to division (A) of section 3302.03 of the	1750
Revised Code that the district or a building within the district	1751
is under an academic watch or in a state of academic emergency,	1752
the district or building shall be subject to any rules	1753
establishing intervention in academic watch or emergency school	1754
districts that have been recommended to the general assembly by	1755
the department of education and approved by joint resolution of	1756
the general assemblyor buildings.	1757

(D)(1) Within one hundred twenty days after any school	1758
district or building within the district is declared to be in a	1759
state of academic emergency under section 3302.03 of the Revised	1760
Code, the department shallmay initiate a site evaluation of the	1761
building or school district.	1762

(2) If any school district that is declared to be in a state	1763
of academic emergency or in a state of academic watch under	1764
section 3302.03 of the Revised Code or encompasses a building that	1765
is declared to be in a state of academic emergency or in a state	1766
of academic watch fails to demonstrate to the department	1767
satisfactory improvement of the district or applicable buildings	1768
or fails to submit to the department any information required	1769
under rules established by the state board of education, prior to	1770
approving a three-year continuous improvement plan under rules	1771
established by the state board of education, the department shall	1772
conduct a site evaluation of the school district or applicable	1773
buildings to determine whether the school district is in	1774
compliance with minimum standards established by law or rule.	1775

(3) Site evaluations conducted under divisions (D)(1) and (2)	1776
of this section shall include, but not be limited to, the	1777
following:	1778

(a) Determining whether teachers are assigned to subject	1779
areas for which they are licensed or certified;	1780

(b) Determining pupil-teacher ratios;

1781

(c) Examination of compliance with minimum instruction time	1782
requirements for each school day and for each school year;	1783

(d) Determining whether materials and equipment necessary to	1784
implement the curriculum approved by the school district board are	1785
available.	1786

(E)(1) If, after three years under a continuous improvement	1787
plan developed pursuant to division (B) of this section, any	1788
school district that is declared to be in a state of academic	1789
emergency under section 3302.03 of the Revised Code has any	1790
building within the district that is declared to be in a state of	1791
academic emergency under that section and that fails to improve on	1792
the performance indicators that the building did not meet under	1793
that section to make progress toward becoming an excellent	1794
building, the district shall implement at least one of the	1795
following options with respect to that building:	1796

(a) Replace the building principal;

1797

(b) Examine the factors impeding student success and redesign	1798
the building to address those factors, including transferring or	1799
reassigning personnel;	1800

(C) Institute a new schoolwide curriculum or educational	1801
model that is consistent with the statewide academic standards	1802
adopted pursuant to division (A) of section 3301.079 of the	1803
Revised Code and alter the structure of the school day or year;	1804

(d) Contract with departments of education at public and	1805
private colleges in Ohio, educational service centers, or the	1806
state department of education to operate the builiding, including	1807
the provision of personnel, supplies, and equipment;	1808

(e) Grant priority over all other applicants to students from	1809
the building who apply to attend another building within the	1810
district under the intradistrict open enrollment policy adopted by	1811
the district pursuant to section 3313.97 of the Revised Code;	1812

(f) Close the building and reassign its students to other	1813
buildings within the district;	1814

(g) Develop and implement a comprehensive alternative plan,	1815
subject to approval by the department of education, to improve the	1816
overall performance of the building.	1817

Any action taken under division (E)(1)(f) of this section may	1818
include the establishment ofThis division applies only to school	1819
districts that operate a school building that fails to make	1820
adequate yearly progress for two or more consecutive school years.	1821

(1) For any school building that fails to make adequate	1822
yearly progress for two consecutive school years, the district	1823
shall do all of the following:	1824

(a) Provide written notification of the academic issues that	1825
resulted in the building's failure to make adequate yearly	1826
progress to the parent or guardian of each student enrolled in the	1827
building. The notification shall also describe the actions being	1828
taken by the district or building to improve the academic	1829
performance of the building and any progress achieved toward that	1830
goal in the immediately preceding school year.	1831

(b) If the building receives funds under Title 1, Part A of	1832
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1833
6311 to 6339, from the district, in accordance with section	1834
3313.97 of the Revised Code, offer all students enrolled in the	1835
building the opportunity to enroll in an alternative building	1836
within the district that is not in school improvement status as	1837
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1838
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1839
the district shall spend twenty per cent of the funds it receives	1840
under Title I, Part A of the "Elementary and Secondary Education	1841
Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation	1842
for students who enroll in alternative buildings under this	1843
division, unless the district can satisfy all demand for	1844
transportation with a lesser amount. If twenty per cent of the	1845
funds the district receives under Title I, Part A of the	1846
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1847
to 6339, is insufficient to satisfy all demand for transportation,	1848
the district shall grant priority over all other students to the	1849
lowest achieving students among the subgroup described in division	1850
(F)(3) of section 3302.01 of the Revised Code in providing	1851
transportation. Any district that does not receive funds under	1852
Title I, Part A of the "Elementary and Secondary Education Act of	1853
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	1854
transportation to any student who enrolls in an alternative	1855
building under this division.	1856

(2) For any school building that fails to make adequate	1857
yearly progress for three consecutive school years, the district	1858
shall do both of the following:	1859

(a) If the building receives funds under Title 1, Part A of	1860
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1861
6311 to 6339, from the district, in accordance with section	1862
3313.97 of the Revised Code, provide all students enrolled in the	1863
building the opportunity to enroll in an alternative building	1864
within the district that is not in school improvement status as	1865
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1866
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1867
the district shall provide transportation for students who enroll	1868
in alternative buildings under this division to the extent	1869
required under division (E)(2) of this section.	1870

(b) If the building receives funds under Title 1, Part A of	1871
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1872
6311 to 6339, from the district, offer supplemental educational	1873
services to students who are enrolled in the building and who are	1874
in the subgroup described in division (F)(3) of section 3302.01 of	1875
the Revised Code.	1876

The district shall spend a combined total of twenty per cent	1877
of the funds it receives under Title I, Part A of the "Elementary	1878
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1879
provide transportation for students who enroll in alternative	1880
buildings under division (E)(1)(b) or (E)(2)(a) of this section	1881
and to pay the costs of the supplemental educational services	1882
provided to students under division (E)(2)(b) of this section,	1883
unless the district can satisfy all demand for transportation and	1884
pay the costs of supplemental educational services for those	1885
students who request them with a lesser amount. In allocating the	1886
funds the district receives under Title I, Part A of the	1887
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1888
to 6339, between the requirements of divisions (E)(1)(b) and	1889
(E)(2)(a) and (b) of this section, the district shall spend at	1890
least five per cent of such funds to provide transportation for	1891
students who enroll in alternative buildings under division	1892
(E)(1)(b) or (E)(2)(a) of this section, unless the district can	1893
satisfy all demand for transportation with a lesser amount, and at	1894
least five per cent of such funds to pay the costs of the	1895
supplemental educational services provided to students under	1896
division (E)(2)(b) of this section, unless the district can pay	1897
the costs of such services for all students requesting them with a	1898
lesser amount. If twenty per cent of the funds the district	1899
receives under Title I, Part A of the "Elementary and Secondary	1900
Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to	1901
satisfy all demand for transportation under divisions (E)(1)(b)	1902
and (E)(2)(a) of this section and to pay the costs of all of the	1903
supplemental educational services provided to students under	1904
division (E)(2)(b) of this section, the district shall grant	1905
priority over all other students in providing transportation and	1906
in paying the costs of supplemental educational services to the	1907
lowest achieving students among the subgroup described in division	1908
(F)(3) of section 3302.01 of the Revised Code.	1909

Any district that does not receive funds under Title I, Part	1910
A of the "Elementary and Secondary Education Act of 1965," 20	1911
U.S.C. 6311 to 6339, shall not be required to provide	1912
transportation to any student who enrolls in an alternative	1913
building under division (E)(2)(a) of this section or to pay the	1914
costs of supplemental educational services provided to any student	1915
under division (E)(2)(b) of this section.	1916

No student who enrolls in an alternative building under	1917
division (E)(2)(a) of this section shall be eligible for	1918
supplemental educational services under division (E)(2)(b) of this	1919
section.	1920

(3) For any school building that fails to make adequate	1921
yearly progress for four consecutive school years, the district	1922
shall continue to comply with division (E)(2) of this section and	1923
shall implement at least one of the following options with respect	1924
to the building:	1925

(a) Institute a new curriculum that is consistent with the	1926
statewide academic standards adopted pursuant to division (A) of	1927
section 3301.079 of the Revised Code;	1928

(b) Decrease the degree of authority the building has to	1929
manage its internal operations;	1930

(c) Appoint an outside expert to make recommendations for	1931
improving the academic performance of the building. The district	1932
may request the department to establish a state intervention team	1933
for this purpose pursuant to division (G) of this section.	1934

(d) Extend the length of the school day or year;

1935

(e) Replace the building principal or other key personnel;

1936

(f) Reorganize the administrative structure of the building.

1937

(4) For any school building that fails to make adequate	1938
yearly progress for five consecutive school years, the district	1939
shall continue to comply with division (E)(2) of this section and	1940
shall develop a plan during the next succeeding school year to	1941
improve the academic performance of the building, which shall	1942
include at least one of the following options:	1943

(a) Reopen the school as a community school under Chapter	1944
3314. of the Revised Code;	1945

(b) Replace personnel;

1946

(c) Contract with a nonprofit or for-profit entity to operate	1947
the building;	1948

(d) Turn operation of the building over to the department;

1949

(e) Other significant restructuring of the building's	1950
governance.	1951

(5) For any school building that fails to make adequate	1952
yearly progress for six consecutive school years, the district	1953
shall continue to comply with division (E)(2) of this section and	1954
shall implement the plan developed pursuant to division (E)(4) of	1955
this section.	1956

(6) A district shall continue to comply with division	1957
(E)(1)(b) or (E)(2) of this section, whichever was most recently	1958
applicable, with respect to any building formerly subject to one	1959
of those divisions until the building makes adequate yearly	1960
progress for two consecutive school years.	1961

(F) This division applies only to school districts that fail	1962
to make adequate yearly progress for two or more consecutive	1963
school years.	1964

(1) If a school district fails to make adequate yearly	1965
progress for two consecutive school years, the district shall	1966
provide a written description of the continuous improvement plan	1967
developed by the district pursuant to division (B) of this section	1968
to the parent or guardian of each student enrolled in the	1969
district.	1970

(2) If a school district fails to make adequate yearly	1971
progress for three consecutive school years, the district shall	1972
continue to implement the continuous improvement plan developed by	1973
the district pursuant to division (B) of this section.	1974

(3) If a school district fails to make adequate yearly	1975
progress for four consecutive school years, the department shall	1976
take at least one of the following corrective actions with respect	1977
to the district:	1978

(a) Withhold a portion of the funds the district is entitled	1979
to receive under Title I, Part A of the "Elementary and Secondary	1980
Education Act of 1965," 20 U.S.C. 6311 to 6339;	1981

(b) Direct the district to replace key district personnel;

1982

(c) Institute a new curriculum that is consistent with the	1983
statewide academic standards adopted pursuant to division (A) of	1984
section 3301.079 of the Revised Code;	1985

(d) Establish alternative forms of governance for individual	1986
school buildings within the district;	1987

(e) Appoint a trustee to manage the district in place of the	1988
district superintendent and board of education.	1989

The department shall conduct individual audits of a sampling	1990
of districts subject to this division to determine compliance with	1991
the corrective actions taken by the department.	1992

(4) If a school district fails to make adequate yearly	1993
progress for five consecutive school years, the department shall	1994
continue to monitor implementation of the corrective action taken	1995
under division (F)(3) of this section with respect to the	1996
district.	1997

(5) If a school district fails to make adequate yearly	1998
progress for six consecutive school years, the department shall	1999
take at least one of the corrective actions identified in division	2000
(F)(3) of this section with respect to the district, provided that	2001
the corrective action the department takes is different from the	2002
corrective action previously taken under division (F)(3) of this	2003
section with respect to the district.	2004

(G) The department may establish a state intervention team to	2005
evaluate all aspects of thea school district or building,	2006
including management, curriculum, instructional methods, resource	2007
allocation, and scheduling. Any such intervention team shall be	2008
appointed by the department and shall include teachers and	2009
administrators recognized as outstanding in their fields. The	2010
intervention team shall make recommendations to the district	2011
regarding methods for improving the performance of the district or	2012
building. The	2013

The department shall not approve a district's request for an	2014
intervention team under division (E)(3) of this section if the	2015
department cannot adequately fund the work of the team, unless the	2016
district agrees to pay for the expenses of the team.	2017

(2) If any building subject to this division fails to improve	2018
on the performance indicators that the building did not meet under	2019
section 3302.03 of the Revised Code to make progress toward	2020
becoming an excellent building within two years following any	2021
action taken by the district under this division, the district	2022
shall select another option described by this division and	2023
implement such option with respect to the building.	2024

(H) The department shall conduct individual audits of a	2025
sampling of community schools established under Chapter 3314. of	2026
the Revised Code to determine compliance with this section.	2027

(I) The state board shall adopt rules for implementing this	2028
section.	2029

Sec. 3302.05.  The departmentstate board of education shall	2030
recommendadopt rules to the general assembly freeing school	2031
districts declared to be excellent under division (B)(1) or	2032
effective under division (B)(2) of section 3302.03 of the Revised	2033
Code from specified state mandates. Any mandates included in the	2034
recommended rules shall be only those statutes or rules pertaining	2035
to state education requirements. The rules shall take effect upon	2036
their approval through passage of a joint resolution by the	2037
general assembly.	2038

Sec. 3313.532.  (A) Any person twenty-two or more years of	2039
age and enrolled in an adult high school continuation program	2040
established pursuant to section 3313.531 of the Revised Code may	2041
request the board of education operating the program to conduct an	2042
evaluation in accordance with division (C) of this section.	2043

(B) Any applicant to a board of education for a diploma of	2044
adult education under division (B) of section 3313.611 of the	2045
Revised Code may request the board to conduct an evaluation in	2046
accordance with division (C) of this section.	2047

(C) Upon the request of any person pursuant to division (A)	2048
or (B) of this section, the board of education to which the	2049
request is made shall evaluate the person to determine whether the	2050
person is handicapped, in accordance with rules adopted by the	2051
state board of education. If the evaluation indicates that the	2052
person is handicapped, the board shall determine whether to excuse	2053
the person from taking any of the tests required by division (B)	2054
of section 3301.0710 of the Revised Code as a requirement for	2055
receiving a diploma under section 3313.611 of the Revised Code.	2056
The determination of whether to excuse the person from any such	2057
test shall be made in the same manner as it would be for students	2058
enrolled in the district who are receiving special education under	2059
Chapter 3323 of the Revised CodeThe board may require the person	2060
to take an alternate assessment in place of any test from which	2061
the person is so excused.	2062

Sec. 3313.6010. By July 1, 1998, the departmentThe state	2063
board of education shall recommendadopt rules to the general	2064
assembly permitting school districts to contract with public and	2065
private providers of academic remediation and intervention in	2066
mathematics, science, reading, writing, and social studies for the	2067
purpose of assisting pupils in grades one through six outside of	2068
regular school hours.	2069

The rules recommended under this section shall take effect	2070
upon approval of the general assembly through passage of a joint	2071
resolution.	2072

Sec. 3313.6012. (A) The board of education of each city,	2073
exempted village, and local school district shall adopt a policy	2074
governing the conduct of academic prevention/intervention services	2075
for all grades and all schools throughout the district. The board	2076
shall update the policy annually. The policy shall include, but	2077
not be limited to, all of the following:	2078

(1) Procedures for using diagnostic assessments to measure	2079
student progress toward the attainment of academic standards and	2080
to identify students who may not attain the academic standards in	2081
accordance with section 3301.0715 of the Revised Code;	2082

(2) A plan for the design of classroom-based intervention	2083
services to meet the instructional needs of individual students as	2084
determined by the results of diagnostic assessments;	2085

(3) Procedures for the regular collection of student	2086
performance data;	2087

(4) Procedures for using student performance data to evaluate	2088
the effectiveness of intervention services and, if necessary, to	2089
modify such services.	2090

The policy shall include any prevention/intervention services	2091
required under sections 3301.0711, 3301.0715, and 3313.608 of the	2092
Revised Code.	2093

(B) In accordance with the policy adopted under division (A)	2094
of this section, each school district shall provide	2095
prevention/intervention services in pertinent subject areas to	2096
students who score below the proficient level on a reading,	2097
writing, mathematics, social studies, or science proficiency or	2098
achievement test administered in the fourth, sixth, or ninth grade	2099
or below the basic level on any achievement test or who do not	2100
demonstrate academic performance at their grade level based on the	2101
results of a diagnostic assessment.	2102

Sec. 3313.61.  (A) A diploma shall be granted by the board of	2103
education of any city, exempted village, or local school district	2104
that operates a high school to any person to whom all of the	2105
following apply:	2106

(1) The person has successfully completed the curriculum in	2107
any high school or the individualized education program developed	2108
for the person by any high school pursuant to section 3323.08 of	2109
the Revised Code;	2110

(2) Subject to section 3313.614 of the Revised Code, the	2111
person either:	2112

(a) Has attained at least the applicable scores designated	2113
under division (B) of section 3301.0710 of the Revised Code on all	2114
the tests required by that division unless the person was excused	2115
from taking any such test pursuant to section 3313.532 of the	2116
Revised Code or unless division (H) or (L) of this section applies	2117
to the person;	2118

(b) Has satisfied the alternative conditions prescribed in	2119
section 3313.615 of the Revised Code.	2120

(3) The person is not eligible to receive an honors diploma	2121
granted pursuant to division (B) of this section.	2122

Except as provided in divisions (C), (E), (J), and (L) of	2123
this section, no diploma shall be granted under this division to	2124
anyone except as provided under this division.	2125

(B) In lieu of a diploma granted under division (A) of this	2126
section, an honors diploma shall be granted, in accordance with	2127
rules of the state board of education, by any such district board	2128
to anyone who successfully completes the curriculum in any high	2129
school or the individualized education program developed for the	2130
person by any high school pursuant to section 3323.08 of the	2131
Revised Code, who has attained subject to section 3313.614 of the	2132
Revised Code at least the applicable scores designated under	2133
division (B) of section 3301.0710 of the Revised Code on all the	2134
tests required by that division, or has satisfied the alternative	2135
conditions prescribed in section 3313.615 of the Revised Code, and	2136
who has met additional criteria established by the state board for	2137
the granting of such a diploma. Except as provided in divisions	2138
(C), (E), and (J) of this section, no honors diploma shall be	2139
granted to anyone failing to comply with this division and no more	2140
than one honors diploma shall be granted to any student under this	2141
division.	2142

The state board shall adopt rules prescribing the granting of	2143
honors diplomas under this division. These rules may prescribe the	2144
granting of honors diplomas that recognize a student's achievement	2145
as a whole or that recognize a student's achievement in one or	2146
more specific subjects or both. In any case, the rules shall	2147
designate two or more criteria for the granting of each type of	2148
honors diploma the board establishes under this division and the	2149
number of such criteria that must be met for the granting of that	2150
type of diploma. The number of such criteria for any type of	2151
honors diploma shall be at least one less than the total number of	2152
criteria designated for that type and no one or more particular	2153
criteria shall be required of all persons who are to be granted	2154
that type of diploma.	2155

(C) Any such district board administering any of the tests	2156
required by section 3301.0710 or 3301.0712 of the Revised Code to	2157
any person requesting to take such test pursuant to division	2158
(B)(6)(8)(b) of section 3301.0711 of the Revised Code shall award	2159
a diploma to such person if the person attains at least the	2160
applicable scores designated under division (B) of section	2161
3301.0710 of the Revised Code on all the tests administered and if	2162
the person has previously attained the applicable scores on all	2163
the other tests required by division (B) of that section or has	2164
been exempted or excused from attaining the applicable score on	2165
any such test pursuant to division (H) or (L) of this section or	2166
from taking any such test pursuant to section 3313.532 of the	2167
Revised Code.	2168

(D) Each diploma awarded under this section shall be signed	2169
by the president and treasurer of the issuing board, the	2170
superintendent of schools, and the principal of the high school.	2171
Each diploma shall bear the date of its issue, be in such form as	2172
the district board prescribes, and be paid for out of the	2173
district's general fund.	2174

(E) A person who is a resident of Ohio and is eligible under	2175
state board of education minimum standards to receive a high	2176
school diploma based in whole or in part on credits earned while	2177
an inmate of a correctional institution operated by the state or	2178
any political subdivision thereof, shall be granted such diploma	2179
by the correctional institution operating the programs in which	2180
such credits were earned, and by the board of education of the	2181
school district in which the inmate resided immediately prior to	2182
the inmate's placement in the institution. The diploma granted by	2183
the correctional institution shall be signed by the director of	2184
the institution, and by the person serving as principal of the	2185
institution's high school and shall bear the date of issue.	2186

(F) Persons who are not residents of Ohio but who are inmates	2187
of correctional institutions operated by the state or any	2188
political subdivision thereof, and who are eligible under state	2189
board of education minimum standards to receive a high school	2190
diploma based in whole or in part on credits earned while an	2191
inmate of the correctional institution, shall be granted a diploma	2192
by the correctional institution offering the program in which the	2193
credits were earned. The diploma granted by the correctional	2194
institution shall be signed by the director of the institution and	2195
by the person serving as principal of the institution's high	2196
school and shall bear the date of issue.	2197

(G) The state board of education shall provide by rule for	2198
the administration of the tests required by section 3301.0710 of	2199
the Revised Code to inmates of correctional institutions.	2200

(H) Any person to whom all of the following apply shall be	2201
exempted from attaining the applicable score on the test in social	2202
studies designated under division (B) of section 3301.0710 of the	2203
Revised Code or the test in citizenship designated under former	2204
division (B) of section 3301.0710 of the Revised Code as it	2205
existed prior to the effective date of this amendmentSeptember	2206
11, 2001:	2207

(1) The person is not a citizen of the United States;

2208

(2) The person is not a permanent resident of the United	2209
States;	2210

(3) The person indicates no intention to reside in the United	2211
States after the completion of high school.	2212

(I) Notwithstanding division (D) of section 3311.19 and	2213
division (D) of section 3311.52 of the Revised Code, this section	2214
and section 3311.611 of the Revised Code do not apply to the board	2215
of education of any joint vocational school district or any	2216
cooperative education school district established pursuant to	2217
divisions (A) to (C) of section 3311.52 of the Revised Code.	2218

(J) Upon receipt of a notice under division (D) of section	2219
3325.08 of the Revised Code that a student has received a diploma	2220
under that section, the board of education receiving the notice	2221
may grant a high school diploma under this section to the student,	2222
except that such board shall grant the student a diploma if the	2223
student meets the graduation requirements that the student would	2224
otherwise have had to meet to receive a diploma from the district.	2225
The diploma granted under this section shall be of the same type	2226
the notice indicates the student received under section 3325.08 of	2227
the Revised Code.	2228

(K) As used in this division, "English-limitedlimited	2229
English proficient student" has the same meaning as in division	2230
(C)(3) of section 3301.0711 of the Revised Code.	2231

Notwithstanding the exemption for English-limited students	2232
provided in division (C)(3) of section 3301.0711 of the Revised	2233
Code, no English-limitedNo limited English proficient student who	2234
has not attained the applicable scores designated under division	2235
(B) of section 3301.0710 of the Revised Code on all the tests	2236
required by that division shall be awarded a diploma under this	2237
section.	2238

(L) Any student described by division (A)(1) of this section	2239
may be awarded a diploma without attaining the applicable scores	2240
designated on the tests prescribed under division (B) of section	2241
3301.0710 of the Revised Code provided an individualized education	2242
program specifically exempts the student from attaining such	2243
scores. This division does not negate the requirement for such a	2244
student to take all such tests or alternate assessments required	2245
by division (C)(1) of section 3301.0711 of the Revised Code for	2246
the purpose of assessing student progress as required by federal	2247
law.	2248

Sec. 3313.611.  (A) The state board of education shall adopt,	2249
by rule, standards for awarding high school credit equivalent to	2250
credit for completion of high school academic and vocational	2251
education courses to applicants for diplomas under this section.	2252
The standards may permit high school credit to be granted to an	2253
applicant for any of the following:	2254

(1) Work experiences or experiences as a volunteer;

2255

(2) Completion of academic, vocational, or self-improvement	2256
courses offered to persons over the age of twenty-one by a	2257
chartered public or nonpublic school;	2258

(3) Completion of academic, vocational, or self-improvement	2259
courses offered by an organization, individual, or educational	2260
institution other than a chartered public or nonpublic school;	2261

(4) Other life experiences considered by the board to provide	2262
knowledge and learning experiences comparable to that gained in a	2263
classroom setting.	2264

(B) The board of education of any city, exempted village, or	2265
local school district that operates a high school shall grant a	2266
diploma of adult education to any applicant if all of the	2267
following apply:	2268

(1) The applicant is a resident of the district;

2269

(2) The applicant is over the age of twenty-one and has not	2270
been issued a diploma as provided in section 3313.61 of the	2271
Revised Code;	2272

(3) Subject to section 3313.614 of the Revised Code, the	2273
applicant either:	2274

(a) Has attained the applicable scores designated under	2275
division (B) of section 3301.0710 of the Revised Code on all of	2276
the tests required by that division or was excused or exempted	2277
from any such test pursuant to section 3313.532 or was exempted	2278
from attaining the applicable score on any such test pursuant to	2279
division (H) or (L) of section 3313.61 of the Revised Code;	2280

(b) Has satisfied the alternative conditions prescribed in	2281
section 3313.615 of the Revised Code.	2282

(4) The district board determines, in accordance with the	2283
standards adopted under division (A) of this section, that the	2284
applicant has attained sufficient high school credits, including	2285
equivalent credits awarded under such standards, to qualify as	2286
having successfully completed the curriculum required by the	2287
district for graduation.	2288

(C) If a district board determines that an applicant is not	2289
eligible for a diploma under division (B) of this section, it	2290
shall inform the applicant of the reason the applicant is	2291
ineligible and shall provide a list of any courses required for	2292
the diploma for which the applicant has not received credit. An	2293
applicant may reapply for a diploma under this section at any	2294
time.	2295

(D) If a district board awards an adult education diploma	2296
under this section, the president and treasurer of the board and	2297
the superintendent of schools shall sign it. Each diploma shall	2298
bear the date of its issuance, be in such form as the district	2299
board prescribes, and be paid for from the district's general	2300
fund, except that the state board may by rule prescribe standard	2301
language to be included on each diploma.	2302

(E) As used in this division, "English-limitedlimited	2303
English proficient student" has the same meaning as in division	2304
(C)(3) of section 3301.0711 of the Revised Code.	2305

Notwithstanding the exemption for English-limited students	2306
provided in division (C)(3) of section 3301.0711 of the Revised	2307
Code, no English-limitedNo limited English proficient student who	2308
has not attained the applicable scores designated under division	2309
(B) of section 3301.0710 of the Revised Code on all the tests	2310
required by that division shall be awarded a diploma under this	2311
section.	2312

Sec. 3313.612.  (A) No nonpublic school chartered by the	2313
state board of education shall grant any high school diploma to	2314
any person unless the person has attained, subject to section	2315
3313.614 of the Revised Code at least the applicable scores	2316
designated under division (B) of section 3301.0710 of the Revised	2317
Code on all the tests required by that division, or has satisfied	2318
the alternative conditions prescribed in section 3313.615 of the	2319
Revised Code.	2320

(B) This section does not apply to either of the following:

2321

(1) Any person with regard to any test from which the person	2322
was excused pursuant to division (C)(1)(c) of section 3301.0711 of	2323
the Revised Code;	2324

(2) Any person with regard to the social studies test or the	2325
citizenship test under former division (B) of section 3301.0710 of	2326
the Revised Code as it existed prior to the effective date of this	2327
amendmentSeptember 11, 2001, if all of the following apply:	2328

(a) The person is not a citizen of the United States;

2329

(b) The person is not a permanent resident of the United	2330
States;	2331

(c) The person indicates no intention to reside in the United	2332
States after completion of high school.	2333

(C) As used in this division, "English-limitedlimited	2334
English proficient student" has the same meaning as in division	2335
(C)(3) of section 3301.0711 of the Revised Code.	2336

Notwithstanding the exemption for English-limited students	2337
provided in division (C)(3) of section 3301.0711 of the Revised	2338
Code, no English-limitedNo limited English proficient student who	2339
has not attained the applicable scores designated under division	2340
(B) of section 3301.0710 of the Revised Code on all the tests	2341
required by that division shall be awarded a diploma under this	2342
section.	2343

Sec. 3313.64.  (A) As used in this section and in section	2344
3313.65 of the Revised Code:	2345

(1) "Parent" means either parent, unless the parents are	2346
separated or divorced or their marriage has been dissolved or	2347
annulled, in which case "parent" means the parent who is the	2348
residential parent and legal custodian of the child. When a child	2349
is in the legal custody of a government agency or a person other	2350
than the child's natural or adoptive parent, "parent" means the	2351
parent with residual parental rights, privileges, and	2352
responsibilities. When a child is in the permanent custody of a	2353
government agency or a person other than the child's natural or	2354
adoptive parent, "parent" means the parent who was divested of	2355
parental rights and responsibilities for the care of the child and	2356
the right to have the child live with the parent and be the legal	2357
custodian of the child and all residual parental rights,	2358
privileges, and responsibilities.	2359

(2) "Legal custody," "permanent custody," and "residual	2360
parental rights, privileges, and responsibilities" have the same	2361
meanings as in section 2151.011 of the Revised Code.	2362

(3) "School district" or "district" means a city, local, or	2363
exempted village school district and excludes any school operated	2364
in an institution maintained by the department of youth services.	2365

(4) Except as used in division (C)(2) of this section, "home"	2366
means a home, institution, foster home, group home, or other	2367
residential facility in this state that receives and cares for	2368
children, to which any of the following applies:	2369

(a) The home is licensed, certified, or approved for such	2370
purpose by the state or is maintained by the department of youth	2371
services.	2372

(b) The home is operated by a person who is licensed,	2373
certified, or approved by the state to operate the home for such	2374
purpose.	2375

(c) The home accepted the child through a placement by a	2376
person licensed, certified, or approved to place a child in such a	2377
home by the state.	2378

(d) The home is a children's home created under section	2379
5153.21 or 5153.36 of the Revised Code.	2380

(5) "Agency" means all of the following:

2381

(a) A public children services agency;

2382

(b) An organization that holds a certificate issued by the	2383
Ohio department of job and family services in accordance with the	2384
requirements of section 5103.03 of the Revised Code and assumes	2385
temporary or permanent custody of children through commitment,	2386
agreement, or surrender, and places children in family homes for	2387
the purpose of adoption;	2388

(c) Comparable agencies of other states or countries that	2389
have complied with applicable requirements of section 2151.39, or	2390
sections 5103.20 to 5103.28 of the Revised Code.	2391

(6) A child is placed for adoption if either of the following	2392
occurs:	2393

(a) An agency to which the child has been permanently	2394
committed or surrendered enters into an agreement with a person	2395
pursuant to section 5103.16 of the Revised Code for the care and	2396
adoption of the child.	2397

(b) The child's natural parent places the child pursuant to	2398
section 5103.16 of the Revised Code with a person who will care	2399
for and adopt the child.	2400

(7) "Handicapped preschool child" means a handicapped child,	2401
as defined by division (A) of section 3323.01 of the Revised Code,	2402
who is at least three years of age but is not of compulsory school	2403
age, as defined in section 3321.01 of the Revised Code, and who is	2404
not currently enrolled in kindergarten.	2405

(8) "Child," unless otherwise indicated, includes handicapped	2406
preschool children.	2407

(B) Except as otherwise provided in section 3321.01 of the	2408
Revised Code for admittance to kindergarten and first grade, a	2409
child who is at least five but under twenty-two years of age and	2410
any handicapped preschool child shall be admitted to school as	2411
provided in this division.	2412

(1) A child shall be admitted to the schools of the school	2413
district in which the child's parent resides.	2414

(2) A child who does not reside in the district where the	2415
child's parent resides shall be admitted to the schools of the	2416
district in which the child resides if any of the following	2417
applies:	2418

(a) The child is in the legal or permanent custody of a	2419
government agency or a person other than the child's natural or	2420
adoptive parent.	2421

(b) The child resides in a home.

2422

(c) The child requires special education.

2423

(3) A child who is not entitled under division (B)(2) of this	2424
section to be admitted to the schools of the district where the	2425
child resides and who is residing with a resident of this state	2426
with whom the child has been placed for adoption shall be admitted	2427
to the schools of the district where the child resides unless	2428
either of the following applies:	2429

(a) The placement for adoption has been terminated.

2430

(b) Another school district is required to admit the child	2431
under division (B)(1) of this section.	2432

Division (B) of this section does not prohibit the board of	2433
education of a school district from placing a handicapped child	2434
who resides in the district in a special education program outside	2435
of the district or its schools in compliance with Chapter 3323. of	2436
the Revised Code.	2437

(C) A district shall not charge tuition for children admitted	2438
under division (B)(1) or (3) of this section. If the district	2439
admits a child under division (B)(2) of this section, tuition	2440
shall be paid to the district that admits the child as follows:	2441

(1) If the child receives special education in accordance	2442
with Chapter 3323. of the Revised Code, tuition shall be paid in	2443
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	2444
the Revised Code regardless of who has custody of the child or	2445
whether the child resides in a home.	2446

(2) Except as otherwise provided in division (C)(2)(d) of	2447
this section, if the child is in the permanent or legal custody of	2448
a government agency or person other than the child's parent,	2449
tuition shall be paid by:	2450

(a) The district in which the child's parent resided at the	2451
time the court removed the child from home or at the time the	2452
court vested legal or permanent custody of the child in the person	2453
or government agency, whichever occurred first;	2454

(b) If the parent's residence at the time the court removed	2455
the child from home or placed the child in the legal or permanent	2456
custody of the person or government agency is unknown, tuition	2457
shall be paid by the district in which the child resided at the	2458
time the child was removed from home or placed in legal or	2459
permanent custody, whichever occurred first;	2460

(c) If a school district cannot be established under division	2461
(C)(2)(a) or (b) of this section, tuition shall be paid by the	2462
district determined as required by section 2151.357 of the Revised	2463
Code by the court at the time it vests custody of the child in the	2464
person or government agency;	2465

(d) If at the time the court removed the child from home or	2466
vested legal or permanent custody of the child in the person or	2467
government agency, whichever occurred first, one parent was in a	2468
residential or correctional facility or a juvenile residential	2469
placement and the other parent, if living and not in such a	2470
facility or placement, was not known to reside in this state,	2471
tuition shall be paid by the district determined under division	2472
(D) of section 3313.65 of the Revised Code as the district	2473
required to pay any tuition while the parent was in such facility	2474
or placement.	2475

(3) If the child is not in the permanent or legal custody of	2476
a government agency or person other than the child's parent and	2477
the child resides in a home, tuition shall be paid by one of the	2478
following:	2479

(a) The school district in which the child's parent resides;

2480

(b) If the child's parent is not a resident of this state,	2481
the home in which the child resides.	2482

(D) Tuition required to be paid under divisions (C)(2) and	2483
(3)(a) of this section shall be computed in accordance with	2484
section 3317.08 of the Revised Code. Tuition required to be paid	2485
under division (C)(3)(b) of this section shall be computed in	2486
accordance with section 3317.081 of the Revised Code. If a home	2487
fails to pay the tuition required by division (C)(3)(b) of this	2488
section, the board of education providing the education may	2489
recover in a civil action the tuition and the expenses incurred in	2490
prosecuting the action, including court costs and reasonable	2491
attorney's fees. If the prosecuting attorney or city director of	2492
law represents the board in such action, costs and reasonable	2493
attorney's fees awarded by the court, based upon the prosecuting	2494
attorney's, director's, or one of their designee's time spent	2495
preparing and presenting the case, shall be deposited in the	2496
county or city general fund.	2497

(E) A board of education may enroll a child free of any	2498
tuition obligation for a period not to exceed sixty days, on the	2499
sworn statement of an adult resident of the district that the	2500
resident has initiated legal proceedings for custody of the child.	2501

(F) In the case of any individual entitled to attend school	2502
under this division, no tuition shall be charged by the school	2503
district of attendance and no other school district shall be	2504
required to pay tuition for the individual's attendance.	2505
Notwithstanding division (B), (C), or (E) of this section:	2506

(1) All persons at least eighteen but under twenty-two years	2507
of age who live apart from their parents, support themselves by	2508
their own labor, and have not successfully completed the high	2509
school curriculum or the individualized education program	2510
developed for the person by the high school pursuant to section	2511
3323.08 of the Revised Code, are entitled to attend school in the	2512
district in which they reside.	2513

(2) Any child under eighteen years of age who is married is	2514
entitled to attend school in the child's district of residence.	2515

(3) A child is entitled to attend school in the district in	2516
which either of the child's parents is employed if the child has a	2517
medical condition that may require emergency medical attention.	2518
The parent of a child entitled to attend school under division	2519
(F)(3) of this section shall submit to the board of education of	2520
the district in which the parent is employed a statement from the	2521
child's physician certifying that the child's medical condition	2522
may require emergency medical attention. The statement shall be	2523
supported by such other evidence as the board may require.	2524

(4) Any child residing with a person other than the child's	2525
parent is entitled, for a period not to exceed twelve months, to	2526
attend school in the district in which that person resides if the	2527
child's parent files an affidavit with the superintendent of the	2528
district in which the person with whom the child is living resides	2529
stating all of the following:	2530

(a) That the parent is serving outside of the state in the	2531
armed services of the United States;	2532

(b) That the parent intends to reside in the district upon	2533
returning to this state;	2534

(c) The name and address of the person with whom the child is	2535
living while the parent is outside the state.	2536

(5) Any child under the age of twenty-two years who, after	2537
the death of a parent, resides in a school district other than the	2538
district in which the child attended school at the time of the	2539
parent's death is entitled to continue to attend school in the	2540
district in which the child attended school at the time of the	2541
parent's death for the remainder of the school year, subject to	2542
approval of that district board.	2543

(6) A child under the age of twenty-two years who resides	2544
with a parent who is having a new house built in a school district	2545
outside the district where the parent is residing is entitled to	2546
attend school for a period of time in the district where the new	2547
house is being built. In order to be entitled to such attendance,	2548
the parent shall provide the district superintendent with the	2549
following:	2550

(a) A sworn statement explaining the situation, revealing the	2551
location of the house being built, and stating the parent's	2552
intention to reside there upon its completion;	2553

(b) A statement from the builder confirming that a new house	2554
is being built for the parent and that the house is at the	2555
location indicated in the parent's statement.	2556

(7) A child under the age of twenty-two years residing with a	2557
parent who has a contract to purchase a house in a school district	2558
outside the district where the parent is residing and who is	2559
waiting upon the date of closing of the mortgage loan for the	2560
purchase of such house is entitled to attend school for a period	2561
of time in the district where the house is being purchased. In	2562
order to be entitled to such attendance, the parent shall provide	2563
the district superintendent with the following:	2564

(a) A sworn statement explaining the situation, revealing the	2565
location of the house being purchased, and stating the parent's	2566
intent to reside there;	2567

(b) A statement from a real estate broker or bank officer	2568
confirming that the parent has a contract to purchase the house,	2569
that the parent is waiting upon the date of closing of the	2570
mortgage loan, and that the house is at the location indicated in	2571
the parent's statement.	2572

The district superintendent shall establish a period of time	2573
not to exceed ninety days during which the child entitled to	2574
attend school under division (F)(6) or (7) of this section may	2575
attend without tuition obligation. A student attending a school	2576
under division (F)(6) or (7) of this section shall be eligible to	2577
participate in interscholastic athletics under the auspices of	2578
that school, provided the board of education of the school	2579
district where the student's parent resides, by a formal action,	2580
releases the student to participate in interscholastic athletics	2581
at the school where the student is attending, and provided the	2582
student receives any authorization required by a public agency or	2583
private organization of which the school district is a member	2584
exercising authority over interscholastic sports.	2585

(8) A child whose parent is a full-time employee of a city,	2586
local, or exempted village school district, or of an educational	2587
service center, may be admitted to the schools of the district	2588
where the child's parent is employed, or in the case of a child	2589
whose parent is employed by an educational service center, in the	2590
district that serves the location where the parent's job is	2591
primarily located, provided the district board of education	2592
establishes such an admission policy by resolution adopted by a	2593
majority of its members. Any such policy shall take effect on the	2594
first day of the school year and the effective date of any	2595
amendment or repeal may not be prior to the first day of the	2596
subsequent school year. The policy shall be uniformly applied to	2597
all such children and shall provide for the admission of any such	2598
child upon request of the parent. No child may be admitted under	2599
this policy after the first day of classes of any school year.	2600

(9) A child who is with the child's parent under the care of	2601
a shelter for victims of domestic violence, as defined in section	2602
3113.33 of the Revised Code, is entitled to attend school free in	2603
the district in which the child is with the child's parent, and no	2604
other school district shall be required to pay tuition for the	2605
child's attendance in that school district.	2606

The enrollment of a child in a school district under this	2607
division shall not be denied due to a delay in the school	2608
district's receipt of any records required under section 3313.672	2609
of the Revised Code or any other records required for enrollment.	2610
Any days of attendance and any credits earned by a child while	2611
enrolled in a school district under this division shall be	2612
transferred to and accepted by any school district in which the	2613
child subsequently enrolls. The state board of education shall	2614
adopt rules to ensure compliance with this division.	2615

(10) Any child under the age of twenty-two years whose parent	2616
has moved out of the school district after the commencement of	2617
classes in the child's senior year of high school is entitled,	2618
subject to the approval of that district board, to attend school	2619
in the district in which the child attended school at the time of	2620
the parental move for the remainder of the school year and for one	2621
additional semester or equivalent term. A district board may also	2622
adopt a policy specifying extenuating circumstances under which a	2623
student may continue to attend school under division (F)(10) of	2624
this section for an additional period of time in order to	2625
successfully complete the high school curriculum for the	2626
individualized education program developed for the student by the	2627
high school pursuant to section 3323.08 of the Revised Code.	2628

(11) As used in this division, "grandparent" means a parent	2629
of a parent of a child. A child under the age of twenty-two years	2630
who is in the custody of the child's parent, resides with a	2631
grandparent, and does not require special education is entitled to	2632
attend the schools of the district in which the child's	2633
grandparent resides, provided that, prior to such attendance in	2634
any school year, the board of education of the school district in	2635
which the child's grandparent resides and the board of education	2636
of the school district in which the child's parent resides enter	2637
into a written agreement specifying that good cause exists for	2638
such attendance, describing the nature of this good cause, and	2639
consenting to such attendance.	2640

In lieu of a consent form signed by a parent, a board of	2641
education may request the grandparent of a child attending school	2642
in the district in which the grandparent resides pursuant to	2643
division (F)(11) of this section to complete any consent form	2644
required by the district, including any authorization required by	2645
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	2646
Upon request, the grandparent shall complete any consent form	2647
required by the district. A school district shall not incur any	2648
liability solely because of its receipt of a consent form from a	2649
grandparent in lieu of a parent.	2650

Division (F)(11) of this section does not create, and shall	2651
not be construed as creating, a new cause of action or substantive	2652
legal right against a school district, a member of a board of	2653
education, or an employee of a school district. This section does	2654
not affect, and shall not be construed as affecting, any	2655
immunities from defenses to tort liability created or recognized	2656
by Chapter 2744. of the Revised Code for a school district,	2657
member, or employee.	2658

(12) A child under the age of twenty-two years is entitled to	2659
attend school in a school district other than the district in	2660
which the child is entitled to attend school under division (B),	2661
(C), or (E) of this section provided that, prior to such	2662
attendance in any school year, both of the following occur:	2663

(a) The superintendent of the district in which the child is	2664
entitled to attend school under division (B), (C), or (E) of this	2665
section contacts the superintendent of another district for	2666
purposes of this division;	2667

(b) The superintendents of both districts enter into a	2668
written agreement that consents to the attendance and specifies	2669
that the purpose of such attendance is to protect the student's	2670
physical or mental well-being or to deal with other extenuating	2671
circumstances deemed appropriate by the superintendents.	2672

While an agreement is in effect under this division for a	2673
student who is not receiving special education under Chapter 3323.	2674
of the Revised Code and notwithstanding Chapter 3327. of the	2675
Revised Code, the board of education of neither school district	2676
involved in the agreement is required to provide transportation	2677
for the student to and from the school where the student attends.	2678

A student attending a school of a district pursuant to this	2679
division shall be allowed to participate in all student	2680
activities, including interscholastic athletics, at the school	2681
where the student is attending on the same basis as any student	2682
who has always attended the schools of that district while of	2683
compulsory school age.	2684

(13) All school districts shall comply with the	2685
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	2686
seq., for the education of homeless children. Each city, local,	2687
and exempted village school district shall comply with the	2688
requirements of that act governing the provision of a free,	2689
appropriate public education, including public preschool, to each	2690
homeless child.	2691

When a child loses permanent housing and becomes a homeless	2692
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	2693
such a homeless person changes temporary living arrangements, the	2694
child's parent or guardian shall have the option of enrolling the	2695
child in either of the following:	2696

(a) The child's school of origin, as defined in 42 U.S.C.A.	2697
11432(g)(3)(C);	2698

(b) The school that is operated by the school district in	2699
which the shelter where the child currently resides is located and	2700
that serves the geographic area in which the shelter is located.	2701

(G) A board of education, after approving admission, may	2702
waive tuition for students who will temporarily reside in the	2703
district and who are either of the following:	2704

(1) Residents or domiciliaries of a foreign nation who	2705
request admission as foreign exchange students;	2706

(2) Residents or domiciliaries of the United States but not	2707
of Ohio who request admission as participants in an exchange	2708
program operated by a student exchange organization.	2709

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	2710
3327.04, and 3327.06 of the Revised Code, a child may attend	2711
school or participate in a special education program in a school	2712
district other than in the district where the child is entitled to	2713
attend school under division (B) of this section.	2714

(I)(1) Notwithstanding anything to the contrary in this	2715
section or section 3313.65 of the Revised Code, a child under	2716
twenty-two years of age may attend school in the school district	2717
in which the child, at the end of the first full week of October	2718
of the school year, was entitled to attend school as otherwise	2719
provided under this section or section 3313.65 of the Revised	2720
Code, if at that time the child was enrolled in the schools of the	2721
district but since that time the child or the child's parent has	2722
relocated to a new address located outside of that school district	2723
and within the same county as the child's or parent's address	2724
immediately prior to the relocation. The child may continue to	2725
attend school in the district, and at the school to which the	2726
child was assigned at the end of the first full week of October of	2727
the current school year, for the balance of the school year.	2728
Division (I)(1) of this section applies only if both of the	2729
following conditions are satisfied:	2730

(a) The board of education of the school district in which	2731
the child was entitled to attend school at the end of the first	2732
full week in October and of the district to which the child or	2733
child's parent has relocated each has adopted a policy to enroll	2734
children described in division (I)(1) of this section.	2735

(b) The child's parent provides written notification of the	2736
relocation outside of the school district to the superintendent of	2737
each of the two school districts.	2738

(2) At the beginning of the school year following the school	2739
year in which the child or the child's parent relocated outside of	2740
the school district as described in division (I)(1) of this	2741
section, the child is not entitled to attend school in the school	2742
district under that division.	2743

(3) Any person or entity owing tuition to the school district	2744
on behalf of the child at the end of the first full week in	2745
October, as provided in division (C) of this section, shall	2746
continue to owe such tuition to the district for the child's	2747
attendance under division (I)(1) of this section for the lesser of	2748
the balance of the school year or the balance of the time that the	2749
child attends school in the district under division (I)(1) of this	2750
section.	2751

(4) A pupil who may attend school in the district under	2752
division (I)(1) of this section shall be entitled to	2753
transportation services pursuant to an agreement between the	2754
district and the district in which the child or child's parent has	2755
relocated unless the districts have not entered into such	2756
agreement, in which case the child shall be entitled to	2757
transportation services in the same manner as a pupil attending	2758
school in the district under interdistrict open enrollment as	2759
described in division (H) of section 3313.981 of the Revised Code,	2760
regardless of whether the district has adopted an open enrollment	2761
policy as described in division (B)(1)(b) or (c) of section	2762
3313.98 of the Revised Code.	2763

(J) This division does not apply to a child receiving special	2764
education.	2765

A school district required to pay tuition pursuant to	2766
division (C)(2) or (3) of this section or section 3313.65 of the	2767
Revised Code shall have an amount deducted under division (F) of	2768
section 3317.023 of the Revised Code equal to its own tuition rate	2769
for the same period of attendance. A school district entitled to	2770
receive tuition pursuant to division (C)(2) or (3) of this section	2771
or section 3313.65 of the Revised Code shall have an amount	2772
credited under division (F) of section 3317.023 of the Revised	2773
Code equal to its own tuition rate for the same period of	2774
attendance. If the tuition rate credited to the district of	2775
attendance exceeds the rate deducted from the district required to	2776
pay tuition, the department of education shall pay the district of	2777
attendance the difference from amounts deducted from all	2778
districts' payments under division (F) of section 3317.023 of the	2779
Revised Code but not credited to other school districts under such	2780
division and from appropriations made for such purpose. The	2781
treasurer of each school district shall, by the fifteenth day of	2782
January and July, furnish the superintendent of public instruction	2783
a report of the names of each child who attended the district's	2784
schools under divisions (C)(2) and (3) of this section or section	2785
3313.65 of the Revised Code during the preceding six calendar	2786
months, the duration of the attendance of those children, the	2787
school district responsible for tuition on behalf of the child,	2788
and any other information that the superintendent requires.	2789

Upon receipt of the report the superintendent, pursuant to	2790
division (F) of section 3317.023 of the Revised Code, shall deduct	2791
each district's tuition obligations under divisions (C)(2) and (3)	2792
of this section or section 3313.65 of the Revised Code and pay to	2793
the district of attendance that amount plus any amount required to	2794
be paid by the state.	2795

(J)(K) In the event of a disagreement, the superintendent of	2796
public instruction shall determine the school district in which	2797
the parent resides.	2798

(K)(L) Nothing in this section requires or authorizes, or	2799
shall be construed to require or authorize, the admission to a	2800
public school in this state of a pupil who has been permanently	2801
excluded from public school attendance by the superintendent of	2802
public instruction pursuant to sections 3301.121 and 3313.662 of	2803
the Revised Code.	2804

Sec. 3313.65.  (A) As used in this section and section	2805
3313.64 of the Revised Code:	2806

(1) A person is "in a residential facility" if the person is	2807
a resident or a resident patient of an institution, home, or other	2808
residential facility that is:	2809

(a) Licensed as a nursing home, residential care facility, or	2810
home for the aging by the director of health under section 3721.02	2811
of the Revised Code or licensed as a community alternative home by	2812
the director of health under section 3724.03 of the Revised Code;	2813

(b) Licensed as an adult care facility by the director of	2814
health under Chapter 3722. of the Revised Code;	2815

(c) Maintained as a county home or district home by the board	2816
of county commissioners or a joint board of county commissioners	2817
under Chapter 5155. of the Revised Code;	2818

(d) Operated or administered by a board of alcohol, drug	2819
addiction, and mental health services under section 340.03 or	2820
340.06 of the Revised Code, or provides residential care pursuant	2821
to contracts made under section 340.03 or 340.033 of the Revised	2822
Code;	2823

(e) Maintained as a state institution for the mentally ill	2824
under Chapter 5119. of the Revised Code;	2825

(f) Licensed by the department of mental health under section	2826
5119.20 or 5119.22 of the Revised Code;	2827

(g) Licensed as a residential facility by the department of	2828
mental retardation and developmental disabilities under section	2829
5123.19 of the Revised Code;	2830

(h) Operated by the veteran's administration or another	2831
agency of the United States government;	2832

(i) The Ohio soldiers' and sailors' home.

2833

(2) A person is "in a correctional facility" if any of the	2834
following apply:	2835

(a) The person is an Ohio resident and is:

2836

(i) Imprisoned, as defined in section 1.05 of the Revised	2837
Code;	2838

(ii) Serving a term in a community-based correctional	2839
facility or a district community-based correctional facility;	2840

(iii) Required, as a condition of parole, probation,	2841
transitional control, or early release from imprisonment, as a	2842
condition of shock parole or shock probation granted under the law	2843
in effect prior to July 1, 1996, or as a condition of a furlough	2844
granted under the version of section 2967.26 of the Revised Code	2845
in effect prior to the effective date of this amendmentMarch17,	2846
1998, to reside in a halfway house or other community residential	2847
center licensed under section 2967.14 of the Revised Code or a	2848
similar facility designated by the common pleas court that	2849
established the condition or by the adult parole authority.	2850

(b) The person is imprisoned in a state correctional	2851
institution of another state or a federal correctional institution	2852
but was an Ohio resident at the time the sentence was imposed for	2853
the crime for which the person is imprisoned.	2854

(3) A person is "in a juvenile residential placement" if the	2855
person is an Ohio resident who is under twenty-one years of age	2856
and has been removed, by the order of a juvenile court, from the	2857
place the person resided at the time the person became subject to	2858
the court's jurisdiction in the matter that resulted in the	2859
person's removal.	2860

(B) If the circumstances described in division (C) of this	2861
section apply, the determination of what school district must	2862
admit a child to its schools and what district, if any, is liable	2863
for tuition shall be made in accordance with this section, rather	2864
than section 3313.64 of the Revised Code.	2865

(C) A child who does not reside in the school district in	2866
which the child's parent resides and for whom a tuition obligation	2867
previously has not been established under division (C)(2) of	2868
section 3313.64 of the Revised Code shall be admitted to the	2869
schools of the district in which the child resides if at least one	2870
of the child's parents is in a residential or correctional	2871
facility or a juvenile residential placement and the other parent,	2872
if living and not in such a facility or placement, is not known to	2873
reside in this state.	2874

(D) Regardless of who has custody or care of the child,	2875
whether the child resides in a home, or whether the child receives	2876
special education, if a district admits a child under division (C)	2877
of this section, tuition shall be paid to that district as	2878
follows:	2879

(1) If the child's parent is in a juvenile residential	2880
placement, by the district in which the child's parent resided at	2881
the time the parent became subject to the jurisdiction of the	2882
juvenile court;	2883

(2) If the child's parent is in a correctional facility, by	2884
the district in which the child's parent resided at the time the	2885
sentence was imposed;	2886

(3) If the child's parent is in a residential facility, by	2887
the district in which the parent resided at the time the parent	2888
was admitted to the residential facility, except that if the	2889
parent was transferred from another residential facility, tuition	2890
shall be paid by the district in which the parent resided at the	2891
time the parent was admitted to the facility from which the parent	2892
first was transferred;	2893

(4) In the event of a disagreement as to which school	2894
district is liable for tuition under division (C)(1), (2), or (3)	2895
of this section, the superintendent of public instruction shall	2896
determine which district shall pay tuition.	2897

(E) If a child covered by division (D) of this section	2898
receives special education in accordance with Chapter 3323. of the	2899
Revised Code, the tuition shall be paid in accordance with section	2900
3323.13 or 3323.14 of the Revised Code. Tuition for children who	2901
do not receive special education shall be paid in accordance with	2902
division (I)(J) of section 3313.64 of the Revised Code.	2903

Sec. 3313.97.  Notwithstanding division (D) of section	2904
3311.19 and division (D) of section 3311.52 of the Revised Code,	2905
this section does not apply to any joint vocational or cooperative	2906
education school district.	2907

(A) As used in this section:

2908

(1) "Parent" has the same meaning as in section 3313.64 of	2909
the Revised Code.	2910

(2) "Alternative school" means a school building other than	2911
the one to which a student is assigned by the district	2912
superintendent.	2913

(3) "IEP" means an individualized education program defined	2914
by division (E) of section 3323.01 of the Revised Code.	2915

(B) The board of education of each city, local, and exempted	2916
village school district shall adopt an open enrollment policy	2917
allowing students entitled to attend school in the district	2918
pursuant to section 3313.64 or 3313.65 of the Revised Code,	2919
effective with the school year that begins July 1, 1993, to enroll	2920
in an alternative school. Each policy shall provide for the	2921
following:	2922

(1) Application procedures, including deadlines for	2923
application and for notification of students and principals of	2924
alternative schools whenever a student's application is accepted.	2925
The policy shall require a student to apply only if hethe student	2926
wishes to attend an alternative school.	2927

(2) Procedures for admitting applicants to alternative	2928
schools, including but not limited to:	2929

(a) The establishment of district capacity limits by grade	2930
level, school building, and education program;	2931

(b)(3) A requirement that students enrolled in a school	2932
building or living in any attendance area of the school building	2933
established by the superintendent or board be given preference	2934
over applicants;	2935

(c)(4) Procedures to ensure that an appropriate racial	2936
balance is maintained in the district schools.	2937

(C) Except as provided in section 3313.982 of the Revised	2938
Code, the procedures for admitting applicants to alternative	2939
schools shall not include:	2940

(1) Any requirement of academic ability, or any level of	2941
athletic, artistic, or other extracurricular skills;	2942

(2) Limitations on admitting applicants because of	2943
handicapping conditions, except that a board may require a student	2944
receiving services under Chapter 3323. of the Revised Code to	2945
attend school where the services described in the student's IEP	2946
are available;	2947

(3) A requirement that the student be proficient in the	2948
English language;	2949

(4) Rejection of any applicant because the student has been	2950
subject to disciplinary proceedings, except that if an applicant	2951
has been suspended or expelled for ten consecutive days or more in	2952
the term for which admission is sought or in the term immediately	2953
preceding the term for which admission is sought, the procedures	2954
may include a provision denying admission of such applicant to an	2955
alternative school.	2956

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	2957
except as provided in division (D)(2) of this section, a district	2958
board is not required to provide transportation to a	2959
nonhandicapped student enrolled in an alternative school unless	2960
such student can be picked up and dropped off at a regular school	2961
bus stop designated in accordance with the board's transportation	2962
policy or unless the board is required to provide additional	2963
transportation to the student in accordance with a court-approved	2964
desegregation plan.	2965

(2) A district board shall provide transportation to any	2966
student enrolled in an alternative school pursuant to division (E)	2967
of section 3302.04 of the Revised Code to the extent required by	2968
that division, except that no district board shall be required to	2969
provide transportation to any student enrolled in an alternative	2970
school pursuant to division (E) of section 3302.04 of the Revised	2971
Code after the date the school in which the student was enrolled	2972
immediately prior to enrolling in the alternative school ceases to	2973
be subject to that division.	2974

(E) Each school board shall provide information about the	2975
policy adopted under this section and the application procedures	2976
and deadlines to the parent of each student in the district and to	2977
the general public.	2978

(F) The state board of education shall monitor school	2979
districts to ensure compliance with this section and the	2980
districts' policies.	2981

Sec. 3314.012.  (A) Within ninety days of the effective date	2982
of this sectionSeptember28, 1999, the superintendent of public	2983
instruction shall appoint representatives of the department of	2984
education, including employees who work with the education	2985
management information system and employees of the office of	2986
school optionscommunity schools established by section 3314.11 of	2987
the Revised Code, to a committee to develop report card models for	2988
community schools. The director of the legislative office of	2989
education oversight shall also appoint representatives to the	2990
committee. The committee shall design model report cards	2991
appropriate for the various types of community schools approved to	2992
operate in the state. Sufficient models shall be developed to	2993
reflect the variety of grade levels served and the missions of the	2994
state's community schools. All models shall include both financial	2995
and academic data. The initial models shall be developed by March	2996
31, 2000.	2997

(B) The department of education shall issue an annual report	2998
card for each community school. The report card shall report the	2999
academic and financial performance of the school utilizing one of	3000
the models developed under division (A) of this section. The	3001
report card shall include all information applicable to school	3002
buildings under division (A) of section 3302.03 of the Revised	3003
Code.	3004

(C) Upon receipt of a copy of a contract between a sponsor	3005
and a community school entered into under this chapter, the	3006
department of education shall notify the community school of the	3007
specific model report card that will be used for that school.	3008

(D) Report cards shall be distributed to the parents of all	3009
students in the community school, to the members of the board of	3010
education of the school district in which the community school is	3011
located, and to any person who requests one from the department.	3012

(E) No report card shall be issued for any community school	3013
under this section until the school has been open for instruction	3014
for two full school years.	3015

Sec. 3314.02.  (A) As used in this chapter:

3016

(1) "Sponsor" means an entity listed in division (C)(1) of	3017
this section, which has been approved by the department of	3018
education to sponsor community schools and with which the	3019
governing authority of the proposed community school enters into a	3020
contract pursuant to this section.	3021

(2) "Pilot project area" means the school districts included	3022
in the territory of the former community school pilot project	3023
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3024
the 122nd general assembly.	3025

(3) "Challenged school district" means any of the following:

3026

(a) A school district that is part of the pilot project area;

3027

(b) A school district that is either in a state of academic	3028
emergency or in a state of academic watch under section 3302.03 of	3029
the Revised Code;	3030

(c) A big eight school district;

3031

(d) An urban school district.

3032

(4) "Big eight school district" means a school district that	3033
for fiscal year 1997 had both of the following:	3034

(a) A percentage of children residing in the district and	3035
participating in the predecessor of Ohio works first greater than	3036
thirty per cent, as reported pursuant to section 3317.10 of the	3037
Revised Code;	3038

(b) An average daily membership greater than twelve thousand,	3039
as reported pursuant to former division (A) of section 3317.03 of	3040
the Revised Code.	3041

(5) "New start-up school" means a community school other than	3042
one created by converting all or part of an existing public	3043
school, as designated in the school's contract pursuant to	3044
division (A)(17) of section 3314.03 of the Revised Code.	3045

(6) "Urban school district" means one of the state's	3046
twenty-one urban school districts as defined in division (O) of	3047
section 3317.02 of the Revised Code as that section existed prior	3048
to July 1, 1998.	3049

(7) "Internet- or computer-based community school" means a	3050
community school established under this chapter in which the	3051
enrolled students work primarily from their residences on	3052
assignments in nonclassroom-based learning opportunities provided	3053
via an internet- or other computer-based instructional method that	3054
does not rely on regular classroom instruction or via	3055
comprehensive instructional methods that include internet-based,	3056
other computer-based, and noncomputer-based learning	3057
opportunities.	3058

(B) Any person or group of individuals may initially propose	3059
under this division the conversion of all or a portion of a public	3060
school to a community school. The proposal shall be made to the	3061
board of education of the city, local, or exempted village school	3062
district in which the public school is proposed to be converted.	3063
Upon receipt of a proposal, a board may enter into a preliminary	3064
agreement with the person or group proposing the conversion of the	3065
public school, indicating the intention of the board of education	3066
to support the conversion to a community school. A proposing	3067
person or group that has a preliminary agreement under this	3068
division may proceed to finalize plans for the school, establish a	3069
governing authority for the school, and negotiate a contract with	3070
the board of education. Provided the proposing person or group	3071
adheres to the preliminary agreement and all provisions of this	3072
chapter, the board of education shall negotiate in good faith to	3073
enter into a contract in accordance with section 3314.03 of the	3074
Revised Code and division (C) of this section.	3075

(C)(1) Any person or group of individuals may propose under	3076
this division the establishment of a new start-up school to be	3077
located in a challenged school district. The proposal may be made	3078
to any of the following entities:	3079

(a) The board of education of the district in which the	3080
school is proposed to be located;	3081

(b) The board of education of any joint vocational school	3082
district with territory in the county in which is located the	3083
majority of the territory of the district in which the school is	3084
proposed to be located;	3085

(c) The board of education of any other city, local, or	3086
exempted village school district having territory in the same	3087
county where the district in which the school is proposed to be	3088
located has the major portion of its territory;	3089

(d) The governing board of any educational service center as	3090
long as the proposed school will be located in a county within the	3091
territory of the service center or in a county contiguous to such	3092
county;	3093

(e) A sponsoring authority designated by the board of	3094
trustees of any of the thirteen state universities listed in	3095
section 3345.011 of the Revised Code or the board of trustees	3096
itself as long as a mission of the proposed school to be specified	3097
in the contract under division (A)(2) of section 3314.03 of the	3098
Revised Code and as approved by the department of education under	3099
division (B)(2) of section 3314.015 of the Revised Code will be	3100
the practical demonstration of teaching methods, educational	3101
technology, or other teaching practices that are included in the	3102
curriculum of the university's teacher preparation program	3103
approved by the state board of education;	3104

(f) Any qualified tax-exempt entity under section 501(c)(3)	3105
of the Internal Revenue Code as long as all of the following	3106
conditions are satisfied:	3107

(i) The entity has been in operation for at least five years	3108
prior to applying to be a community school sponsor.	3109

(ii) The entity has assets of at least five hundred thousand	3110
dollars.	3111

(iii) The department of education has determined that the	3112
entity is an education-oriented entity under division (B)(3) of	3113
section 3314.015 of the Revised Code.	3114

Until July 1, 2005, any entity described in division	3115
(C)(1)(f) of this section may sponsor only schools that formerly	3116
were sponsored by the state board of education under division	3117
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	3118
After July 1, 2005, such entity may sponsor any new or existing	3119
school.	3120

Any entity described in division (C)(1) of this section may	3121
enter into a preliminary agreement pursuant to division (C)(2) of	3122
this section with the proposing person or group.	3123

(2) A preliminary agreement indicates the intention of an	3124
entity described in division (C)(1) of this section to sponsor the	3125
community school. A proposing person or group that has such a	3126
preliminary agreement may proceed to finalize plans for the	3127
school, establish a governing authority as described in division	3128
(E) of this section for the school, and negotiate a contract with	3129
the entity. Provided the proposing person or group adheres to the	3130
preliminary agreement and all provisions of this chapter, the	3131
entity shall negotiate in good faith to enter into a contract in	3132
accordance with section 3314.03 of the Revised Code.	3133

(3) A new start-up school that is established in a school	3134
district while that district is either in a state of academic	3135
emergency or in a state of academic watch under section 3302.03 of	3136
the Revised Code may continue in existence once the school	3137
district is no longer in a state of academic emergency or academic	3138
watch, provided there is a valid contract between the school and a	3139
sponsor.	3140

(4) A copy of every preliminary agreement entered into under	3141
this division shall be filed with the superintendent of public	3142
instruction.	3143

(D) A majority vote of the board of a sponsoring entity and a	3144
majority vote of the members of the governing authority of a	3145
community school shall be required to adopt a contract and convert	3146
the public school to a community school or establish the new	3147
start-up school. Up to the statewide limit prescribed in section	3148
3314.013 of the Revised Code, an unlimited number of community	3149
schools may be established in any school district provided that a	3150
contract is entered into for each community school pursuant to	3151
this chapter.	3152

(E) As used in this division, "immediate relatives" are	3153
limited to spouses, children, parents, grandparents, siblings, and	3154
in-laws.	3155

Each new start-up community school established under this	3156
chapter shall be under the direction of a governing authority	3157
which shall consist of a board of not less than five individuals	3158
who are not owners or employees, or immediate relatives of owners	3159
or employees, of any for-profit firm that operates or manages a	3160
school for the governing authority.	3161

No person shall serve on the governing authority or operate	3162
the community school under contract with the governing authority	3163
so long as the person owes the state any money or is in a dispute	3164
over whether the person owes the state any money concerning the	3165
operation of a community school that has closed.	3166

(F) Nothing in this chapter shall be construed to permit the	3167
establishment of a community school in more than one school	3168
district under the same contract.	3169

(G) A new start-up school that is established prior to the	3170
effective date of this amendment in an urban school district that	3171
is not also a big-eight school district may continue to operate	3172
after the effective date of this amendment and the contract	3173
between the school's governing authority and the school's sponsor	3174
may be renewed, as provided under this chapter, after the	3175
effective date of this amendment, but no additional new start-up	3176
schools may be established in such a district unless the district	3177
is a challenged school district as defined in this section as it	3178
exists on and after the effective date of this amendment.	3179

Sec. 3314.03.  A copy of every contract entered into under	3180
this section shall be filed with the superintendent of public	3181
instruction.	3182

(A) Each contract entered into between a sponsor and the	3183
governing authority of a community school shall specify the	3184
following:	3185

(1) That the school shall be established as either of the	3186
following:	3187

(a) A nonprofit corporation established under Chapter 1702.	3188
of the Revised Code, if established prior to the effective date of	3189
this amendmentApril 8, 2003;	3190

(b) A public benefit corporation established under Chapter	3191
1702. of the Revised Code, if established after the effective date	3192
of this amendmentApril 8, 2003;	3193

(2) The education program of the school, including the	3194
school's mission, the characteristics of the students the school	3195
is expected to attract, the ages and grades of students, and the	3196
focus of the curriculum;	3197

(3) The academic goals to be achieved and the method of	3198
measurement that will be used to determine progress toward those	3199
goals, which shall include the statewide achievement tests;	3200

(4) Performance standards by which the success of the school	3201
will be evaluated by the sponsor;	3202

(5) The admission standards of section 3314.06 of the Revised	3203
Code;	3204

(6)(a) Dismissal procedures;

3205

(b) A requirement that the governing authority adopt an	3206
attendance policy that includes a procedure for automatically	3207
withdrawing a student from the school if the student without a	3208
legitimate excuse fails to participate in one hundred five	3209
cumulative hours of the learning opportunities offered to the	3210
student. Such a policy shall provide for withdrawing the student	3211
by the end of the thirtieth day after the student has failed to	3212
participate as required under this division.	3213

(7) The ways by which the school will achieve racial and	3214
ethnic balance reflective of the community it serves;	3215

(8) Requirements for financial audits by the auditor of	3216
state. The contract shall require financial records of the school	3217
to be maintained in the same manner as are financial records of	3218
school districts, pursuant to rules of the auditor of state, and	3219
the audits shall be conducted in accordance with section 117.10 of	3220
the Revised Code.	3221

(9) The facilities to be used and their locations;

3222

(10) Qualifications of teachers, including a requirement that	3223
the school's classroom teachers be licensed in accordance with	3224
sections 3319.22 to 3319.31 of the Revised Code, except that a	3225
community school may engage noncertificated persons to teach up to	3226
twelve hours per week pursuant to section 3319.301 of the Revised	3227
Code;	3228

(11) That the school will comply with the following	3229
requirements:	3230

(a) The school will provide learning opportunities to a	3231
minimum of twenty-five students for a minimum of nine hundred	3232
twenty hours per school year;	3233

(b) The governing authority will purchase liability	3234
insurance, or otherwise provide for the potential liability of the	3235
school;	3236

(c) The school will be nonsectarian in its programs,	3237
admission policies, employment practices, and all other	3238
operations, and will not be operated by a sectarian school or	3239
religious institution;	3240

(d) The school will comply with sections 9.90, 9.91, 109.65,	3241
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	3242
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	3243
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	3244
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	3245
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	3246
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	3247
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	3248
4123., 4141., and 4167. of the Revised Code as if it were a school	3249
district and will comply with section 3301.0714 of the Revised	3250
Code in the manner specified in section 3314.17 of the Revised	3251
Code;	3252

(e) The school shall comply with Chapter 102. of the Revised	3253
Code except that nothing in that chapter shall prohibit a member	3254
of the school's governing board from also being an employee of the	3255
school and nothing in that chapter or section 2921.42 of the	3256
Revised Code shall prohibit a member of the school's governing	3257
board from having an interest in a contract into which the	3258
governing board enters that is not a contract with a for-profit	3259
firm for the operation or management of a school under the	3260
auspices of the governing authority;	3261

(f) The school will comply with sections 3313.61, 3313.611,	3262
and 3313.614 of the Revised Code, except that the requirement in	3263
sections 3313.61 and 3313.611 of the Revised Code that a person	3264
must successfully complete the curriculum in any high school prior	3265
to receiving a high school diploma may be met by completing the	3266
curriculum adopted by the governing authority of the community	3267
school rather than the curriculum specified in Title XXXIII of the	3268
Revised Code or any rules of the state board of education;	3269

(g) The school governing authority will submit within four	3270
months after the end of each school year a report of its	3271
activities and progress in meeting the goals and standards of	3272
divisions (A)(3) and (4) of this section and its financial status	3273
to the sponsor, the parents of all students enrolled in the	3274
school, and the legislative office of education oversight. The	3275
school will collect and provide any data that the legislative	3276
office of education oversight requests in furtherance of any study	3277
or research that the general assembly requires the office to	3278
conduct, including the studies required under Section 50.39 of Am.	3279
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	3280
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	3281

(12) Arrangements for providing health and other benefits to	3282
employees;	3283

(13) The length of the contract, which shall begin at the	3284
beginning of an academic year. No contract shall exceed five years	3285
unless such contract has been renewed pursuant to division (E) of	3286
this section.	3287

(14) The governing authority of the school, which shall be	3288
responsible for carrying out the provisions of the contract;	3289

(15) A financial plan detailing an estimated school budget	3290
for each year of the period of the contract and specifying the	3291
total estimated per pupil expenditure amount for each such year.	3292
The plan shall specify for each year the base formula amount that	3293
will be used for purposes of funding calculations under section	3294
3314.08 of the Revised Code. This base formula amount for any year	3295
shall not exceed the formula amount defined under section 3317.02	3296
of the Revised Code. The plan may also specify for any year a	3297
percentage figure to be used for reducing the per pupil amount of	3298
disadvantaged pupil impact aid calculated pursuant to section	3299
3317.029 of the Revised Code the school is to receive that year	3300
under section 3314.08 of the Revised Code.	3301

(16) Requirements and procedures regarding the disposition of	3302
employees of the school in the event the contract is terminated or	3303
not renewed pursuant to section 3314.07 of the Revised Code;	3304

(17) Whether the school is to be created by converting all or	3305
part of an existing public school or is to be a new start-up	3306
school, and if it is a converted public school, specification of	3307
any duties or responsibilities of an employer that the board of	3308
education that operated the school before conversion is delegating	3309
to the governing board of the community school with respect to all	3310
or any specified group of employees provided the delegation is not	3311
prohibited by a collective bargaining agreement applicable to such	3312
employees;	3313

(18) Provisions establishing procedures for resolving	3314
disputes or differences of opinion between the sponsor and the	3315
governing authority of the community school;	3316

(19) A provision requiring the governing authority to adopt a	3317
policy regarding the admission of students who reside outside the	3318
district in which the school is located. That policy shall comply	3319
with the admissions procedures specified in section 3314.06 of the	3320
Revised Code and, at the sole discretion of the authority, shall	3321
do one of the following:	3322

(a) Prohibit the enrollment of students who reside outside	3323
the district in which the school is located;	3324

(b) Permit the enrollment of students who reside in districts	3325
adjacent to the district in which the school is located;	3326

(c) Permit the enrollment of students who reside in any other	3327
district in the state.	3328

(20) A provision recognizing the authority of the department	3329
of education to take over the sponsorship of the school in	3330
accordance with the provisions of division (C) of section 3314.015	3331
of the Revised Code;	3332

(21) A provision recognizing the sponsor's authority to	3333
assume the operation of a school under the conditions specified in	3334
division (B) of section 3314.073 of the Revised Code;	3335

(22) A provision recognizing both of the following:

3336

(a) The authority of public health and safety officials to	3337
inspect the facilities of the school and to order the facilities	3338
closed if those officials find that the facilities are not in	3339
compliance with health and safety laws and regulations;	3340

(b) The authority of the department of education as the	3341
community school oversight body to suspend the operation of the	3342
school under section 3314.072 of the Revised Code if the	3343
department has evidence of conditions or violations of law at the	3344
school that pose an imminent danger to the health and safety of	3345
the school's students and employees and the sponsor refuses to	3346
take such action;	3347

(23) A description of the learning opportunities that will be	3348
offered to students including both classroom-based and	3349
non-classroom-based learning opportunities that is in compliance	3350
with criteria for student participation established by the	3351
department under division (L)(2) of section 3314.08 of the Revised	3352
Code;	3353

(24) The school will comply with section 3302.04 of the	3354
Revised Code, including division (E) of that section to the extent	3355
possible, except that any action required to be taken by a school	3356
district pursuant to that section shall be taken by the sponsor of	3357
the school. However, the sponsor shall not be required to take any	3358
action described in division (F) of that section.	3359

(B) The community school shall also submit to the sponsor a	3360
comprehensive plan for the school. The plan shall specify the	3361
following:	3362

(1) The process by which the governing authority of the	3363
school will be selected in the future;	3364

(2) The management and administration of the school;

3365

(3) If the community school is a currently existing public	3366
school, alternative arrangements for current public school	3367
students who choose not to attend the school and teachers who	3368
choose not to teach in the school after conversion;	3369

(4) The instructional program and educational philosophy of	3370
the school;	3371

(5) Internal financial controls.

3372

(C) A contract entered into under section 3314.02 of the	3373
Revised Code between a sponsor and the governing authority of a	3374
community school may provide for the community school governing	3375
authority to make payments to the sponsor, which is hereby	3376
authorized to receive such payments as set forth in the contract	3377
between the governing authority and the sponsor. The total amount	3378
of such payments for oversight and monitoring of the school shall	3379
not exceed three per cent of the total amount of payments for	3380
operating expenses that the school receives from the state.	3381

(D) The contract shall specify the duties of the sponsor	3382
which shall be in accordance with the written agreement entered	3383
into with the department of education under division (B) of	3384
section 3314.015 of the Revised Code and shall include the	3385
following:	3386

(1) Monitor the community school's compliance with all laws	3387
applicable to the school and with the terms of the contract;	3388

(2) Monitor and evaluate the academic and fiscal performance	3389
and the organization and operation of the community school on at	3390
least an annual basis;	3391

(3) Report on an annual basis the results of the evaluation	3392
conducted under division (D)(2) of this section to the department	3393
of education and to the parents of students enrolled in the	3394
community school;	3395

(4) Provide technical assistance to the community school in	3396
complying with laws applicable to the school and terms of the	3397
contract;	3398

(5) Take steps to intervene in the school's operation to	3399
correct problems in the school's overall performance, declare the	3400
school to be on probationary status pursuant to section 3314.073	3401
of the Revised Code, suspend the operation of the school pursuant	3402
to section 3314.072 of the Revised Code, or terminate the contract	3403
of the school pursuant to section 3314.07 of the Revised Code as	3404
determined necessary by the sponsor;	3405

(6) Have in place a plan of action to be undertaken in the	3406
event the community school experiences financial difficulties or	3407
closes prior to the end of a school year.	3408

(E) Upon the expiration of a contract entered into under this	3409
section, the sponsor of a community school may, with the approval	3410
of the governing authority of the school, renew that contract for	3411
a period of time determined by the sponsor, but not ending earlier	3412
than the end of any school year, if the sponsor finds that the	3413
school's compliance with applicable laws and terms of the contract	3414
and the school's progress in meeting the academic goals prescribed	3415
in the contract have been satisfactory. Any contract that is	3416
renewed under this division remains subject to the provisions of	3417
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	3418

Sec. 3314.033.  Not later than September 30, 2003, the state	3419
board of education shall recommend to the general assembly	3420
standards governing the operation of internet- or computer-based	3421
community schools, as defined in section 3314.02 of the Revised	3422
Code, and other educational courses delivered primarily via	3423
electronic media.	3424

Sec. 3314.20.  This section does not apply to any school	3425
district declared to be excellent or effective pursuant to	3426
division (B)(1) or (2) of section 3302.03 of the Revised Code.	3427

(A) The departmentstate board of education shall recommend	3428
adopt rules to the general assembly requiring school districts	3429
with a total student count of over five thousand, as determined	3430
pursuant to section 3317.03 of the Revised Code, to designate one	3431
school building to be operated by a site-based management council.	3432
The rules shall specify the composition of the council and the	3433
manner in which members of the council are to be selected and	3434
removed.	3435

(B) The rules adopted under division (A) of this section	3436
shall specify those powers, duties, functions, and	3437
responsibilities that shall be vested in the management council	3438
and that would otherwise be exercised by the district board of	3439
education. The rules shall also establish a mechanism for	3440
resolving any differences between the council and the district	3441
board if there is disagreement as to their respective powers,	3442
duties, functions, and responsibilities.	3443

(C) The board of education of any school district described	3444
by division (A) of this section may, in lieu of complying with the	3445
rules adopted under this section, file with the department of	3446
education an alternative structure for a district site-based	3447
management program in at least one of its school buildings. The	3448
proposal shall specify the composition of the council, which shall	3449
include an equal number of parents and teachers and the building	3450
principal, and the method of selection and removal of the council	3451
members. The proposal shall also clearly delineate the respective	3452
powers, duties, functions, and responsibilities of the district	3453
board and the council. The district's proposal shall comply	3454
substantially with the rules approved by the general assembly.	3455

(D) The rules recommended under this section shall take	3456
effect upon approval of the general assembly through the passage	3457
of a joint resolutionadopted under division (A) of this section.	3458

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	3459
Revised Code, the amounts required to be paid to a district under	3460
this chapter shall be adjusted by the amount of the computations	3461
made under divisions (B) to (L) of this section.	3462

As used in this section:

3463

(1) "Classroom teacher" means a licensed employee who	3464
provides direct instruction to pupils, excluding teachers funded	3465
from money paid to the district from federal sources; educational	3466
service personnel; and vocational and special education teachers.	3467

(2) "Educational service personnel" shall not include such	3468
specialists funded from money paid to the district from federal	3469
sources or assigned full-time to vocational or special education	3470
students and classes and may only include those persons employed	3471
in the eight specialist areas in a pattern approved by the	3472
department of education under guidelines established by the state	3473
board of education.	3474

(3) "Annual salary" means the annual base salary stated in	3475
the state minimum salary schedule for the performance of the	3476
teacher's regular teaching duties that the teacher earns for	3477
services rendered for the first full week of October of the fiscal	3478
year for which the adjustment is made under division (C) of this	3479
section. It shall not include any salary payments for supplemental	3480
teachers contracts.	3481

(4) "Regular student population" means the formula ADM plus	3482
the number of students reported as enrolled in the district	3483
pursuant to division (A)(1) of section 3313.981 of the Revised	3484
Code; minus the number of students reported under division (A)(2)	3485
of section 3317.03 of the Revised Code; minus the FTE of students	3486
reported under division (B)(5), (6), (7), (8), (9), (10), (11), or	3487
(12) of that section who are enrolled in a vocational education	3488
class or receiving special education; and minus one-fourth of the	3489
students enrolled concurrently in a joint vocational school	3490
district.	3491

(5) "State share percentage" has the same meaning as in	3492
section 3317.022 of the Revised Code.	3493

(6) "VEPD" means a school district or group of school	3494
districts designated by the department of education as being	3495
responsible for the planning for and provision of vocational	3496
education services to students within the district or group.	3497

(7) "Lead district" means a school district, including a	3498
joint vocational school district, designated by the department as	3499
a VEPD, or designated to provide primary vocational education	3500
leadership within a VEPD composed of a group of districts.	3501

(B) If the district employs less than one full-time	3502
equivalent classroom teacher for each twenty-five pupils in the	3503
regular student population in any school district, deduct the sum	3504
of the amounts obtained from the following computations:	3505

(1) Divide the number of the district's full-time equivalent	3506
classroom teachers employed by one twenty-fifth;	3507

(2) Subtract the quotient in (1) from the district's regular	3508
student population;	3509

(3) Multiply the difference in (2) by seven hundred fifty-two	3510
dollars.	3511

(C) If a positive amount, add one-half of the amount obtained	3512
by multiplying the number of full-time equivalent classroom	3513
teachers by:	3514

(1) The mean annual salary of all full-time equivalent	3515
classroom teachers employed by the district at their respective	3516
training and experience levels minus;	3517

(2) The mean annual salary of all such teachers at their	3518
respective levels in all school districts receiving payments under	3519
this section.	3520

The number of full-time equivalent classroom teachers used in	3521
this computation shall not exceed one twenty-fifth of the	3522
district's regular student population. In calculating the	3523
district's mean salary under this division, those full-time	3524
equivalent classroom teachers with the highest training level	3525
shall be counted first, those with the next highest training level	3526
second, and so on, in descending order. Within the respective	3527
training levels, teachers with the highest years of service shall	3528
be counted first, the next highest years of service second, and so	3529
on, in descending order.	3530

(D) This division does not apply to a school district that	3531
has entered into an agreement under division (A) of section	3532
3313.42 of the Revised Code. Deduct the amount obtained from the	3533
following computations if the district employs fewer than five	3534
full-time equivalent educational service personnel, including	3535
elementary school art, music, and physical education teachers,	3536
counselors, librarians, visiting teachers, school social workers,	3537
and school nurses for each one thousand pupils in the regular	3538
student population:	3539

(1) Divide the number of full-time equivalent educational	3540
service personnel employed by the district by five	3541
one-thousandths;	3542

(2) Subtract the quotient in (1) from the district's regular	3543
student population;	3544

(3) Multiply the difference in (2) by ninety-four dollars.

3545

(E) If a local school district, or a city or exempted village	3546
school district to which a governing board of an educational	3547
service center provides services pursuant to section 3313.843 of	3548
the Revised Code, deduct the amount of the payment required for	3549
the reimbursement of the governing board under section 3317.11 of	3550
the Revised Code.	3551

(F)(1) If the district is required to pay to or entitled to	3552
receive tuition from another school district under division (C)(2)	3553
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	3554
or if the superintendent of public instruction is required to	3555
determine the correct amount of tuition and make a deduction or	3556
credit under section 3317.08 of the Revised Code, deduct and	3557
credit such amounts as provided in division (I)(J) of section	3558
3313.64 or section 3317.08 of the Revised Code.	3559

(2) For each child for whom the district is responsible for	3560
tuition or payment under division (A)(1) of section 3317.082 or	3561
section 3323.091 of the Revised Code, deduct the amount of tuition	3562
or payment for which the district is responsible.	3563

(G) If the district has been certified by the superintendent	3564
of public instruction under section 3313.90 of the Revised Code as	3565
not in compliance with the requirements of that section, deduct an	3566
amount equal to ten per cent of the amount computed for the	3567
district under section 3317.022 of the Revised Code.	3568

(H) If the district has received a loan from a commercial	3569
lending institution for which payments are made by the	3570
superintendent of public instruction pursuant to division (E)(3)	3571
of section 3313.483 of the Revised Code, deduct an amount equal to	3572
such payments.	3573

(I)(1) If the district is a party to an agreement entered	3574
into under division (D), (E), or (F) of section 3311.06 or	3575
division (B) of section 3311.24 of the Revised Code and is	3576
obligated to make payments to another district under such an	3577
agreement, deduct an amount equal to such payments if the district	3578
school board notifies the department in writing that it wishes to	3579
have such payments deducted.	3580

(2) If the district is entitled to receive payments from	3581
another district that has notified the department to deduct such	3582
payments under division (I)(1) of this section, add the amount of	3583
such payments.	3584

(J) If the district is required to pay an amount of funds to	3585
a cooperative education district pursuant to a provision described	3586
by division (B)(4) of section 3311.52 or division (B)(8) of	3587
section 3311.521 of the Revised Code, deduct such amounts as	3588
provided under that provision and credit those amounts to the	3589
cooperative education district for payment to the district under	3590
division (B)(1) of section 3317.19 of the Revised Code.	3591

(K)(1) If a district is educating a student entitled to	3592
attend school in another district pursuant to a shared education	3593
contract, compact, or cooperative education agreement other than	3594
an agreement entered into pursuant to section 3313.842 of the	3595
Revised Code, credit to that educating district on an FTE basis	3596
both of the following:	3597

(a) An amount equal to the formula amount times the cost of	3598
doing business factor of the school district where the student is	3599
entitled to attend school pursuant to section 3313.64 or 3313.65	3600
of the Revised Code;	3601

(b) An amount equal to the formula amount times the state	3602
share percentage times any multiple applicable to the student	3603
pursuant to section 3317.013 or 3317.014 of the Revised Code.	3604

(2) Deduct any amount credited pursuant to division (K)(1) of	3605
this section from amounts paid to the school district in which the	3606
student is entitled to attend school pursuant to section 3313.64	3607
or 3313.65 of the Revised Code.	3608

(3) If the district is required by a shared education	3609
contract, compact, or cooperative education agreement to make	3610
payments to an educational service center, deduct the amounts from	3611
payments to the district and add them to the amounts paid to the	3612
service center pursuant to section 3317.11 of the Revised Code.	3613

(L)(1) If a district, including a joint vocational school	3614
district, is a lead district of a VEPD, credit to that district	3615
the amounts calculated for all the school districts within that	3616
VEPD pursuant to division (E)(2) of section 3317.022 of the	3617
Revised Code.	3618

(2) Deduct from each appropriate district that is not a lead	3619
district, the amount attributable to that district that is	3620
credited to a lead district under division (L)(1) of this section.	3621

Sec. 3317.04.  The amount paid to school districts in each	3622
fiscal year under Chapter 3317. of the Revised Code shall not be	3623
less than the following:	3624

(A) In the case of a district created under section 3311.26	3625
or 3311.37 of the Revised Code, the amount paid shall not be less,	3626
in any of the three succeeding fiscal years following the	3627
creation, than the sum of the amounts allocated under Chapter	3628
3317. of the Revised Code to the districts separately in the year	3629
of the creation.	3630

(B) In the case of a school district which is transferred to	3631
another school district or districts, pursuant to section 3311.22,	3632
3311.231, or 3311.38 of the Revised Code, the amount paid to the	3633
district accepting the transferred territory shall not be less, in	3634
any of the three succeeding fiscal years following the transfer,	3635
than the sum of the amounts allocated under Chapter 3317. of the	3636
Revised Code to the districts separately in the year of the	3637
consummation of the transfer.	3638

(C) In the case of any school district, the amount paid under	3639
Chapter 3317. of the Revised Code to the district in the fiscal	3640
year of distribution shall not be less than that paid under such	3641
chapter in the preceding fiscal year, less any amount paid in that	3642
preceding fiscal year under section 3317.0216 of the Revised Code,	3643
if in the calendar year ending the thirty-first day of December	3644
preceding the fiscal year of distribution, the county auditor of	3645
the county to which the district has been assigned by the	3646
department of education for administrative purposes has completed	3647
reassessment of all real estate within histhe county, or the tax	3648
duplicate of that county was increased by the application of a	3649
uniform taxable value per cent of true value pursuant to a rule or	3650
order of the tax commissioner and the revised valuations were	3651
entered on the tax list and duplicate. Notwithstanding sections	3652
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised	3653
Code, this minimum guarantee is applicable only during the fiscal	3654
year immediately following the reassessment or application.	3655

(D) In the case of any school district that has territory in	3656
three or more counties, each of which contains at least twenty per	3657
cent of the district's territory, the amount paid under Chapter	3658
3317. of the Revised Code to the district in the fiscal year of	3659
distribution shall not be less than that paid under such chapter	3660
in the preceding fiscal year, less any amount paid in that	3661
preceding fiscal year under section 3317.0216 of the Revised Code,	3662
if in the calendar year ending the thirty-first day of December	3663
preceding the fiscal year of distribution, the county auditor of	3664
any such county completed reassessment of all real estate within	3665
histhe county, or the tax duplicate of any such county was	3666
increased by the application of a uniform taxable value per cent	3667
of true value pursuant to a rule or order of the tax commissioner	3668
and the revised valuations were entered on the tax list and	3669
duplicate. Notwithstanding sections 3311.22, 3311.231, 3311.26,	3670
3311.37, and 3311.38 of the Revised Code, this minimum guarantee	3671
is applicable only during the fiscal year immediately following	3672
the reassessment or application.	3673

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	3674
and 3311.38 of the Revised Code, the minimum guarantees prescribed	3675
by divisions (A) and (B) of this section shall not affect the	3676
amount of aid received by a school district for more than three	3677
consecutive years.	3678

Sec. 3317.08.  A board of education may admit to its schools	3679
a child it is not required by section 3313.64 or 3313.65 of the	3680
Revised Code to admit, if tuition is paid for the child.	3681

Unless otherwise provided by law, tuition shall be computed	3682
in accordance with this section. A district's tuition charge for a	3683
school year shall be one of the following:	3684

(A) For any child, except a handicapped preschool child	3685
described in division (B) of this section, the quotient obtained	3686
by dividing the sum of the amounts described in divisions (A)(1)	3687
and (2) of this section by the district's formula ADM.	3688

(1) The district's total taxes charged and payable for	3689
current expenses for the tax year preceding the tax year in which	3690
the school year begins as certified under division (A)(3) of	3691
section 3317.021 of the Revised Code.	3692

(2) The district's total taxes collected for current expenses	3693
under a school district income tax adopted pursuant to section	3694
5748.03 or 5748.08 of the Revised Code that are disbursed to the	3695
district during the fiscal year. On or before the first day of	3696
June of each year, the tax commissioner shall certify the amount	3697
to be used in the calculation under this division for the next	3698
fiscal year to the department of education for each city, local,	3699
and exempted village school district that levies a school district	3700
income tax.	3701

(B) For any handicapped preschool child not included in a	3702
unit approved under division (B) of section 3317.05 of the Revised	3703
Code, an amount computed for the school year as follows:	3704

(1) For each type of special education service provided to	3705
the child for whom tuition is being calculated, determine the	3706
amount of the district's operating expenses in providing that type	3707
of service to all handicapped preschool children not included in	3708
units approved under division (B) of section 3317.05 of the	3709
Revised Code;	3710

(2) For each type of special education service for which	3711
operating expenses are determined under division (B)(1) of this	3712
section, determine the amount of such operating expenses that was	3713
paid from any state funds received under this chapter;	3714

(3) For each type of special education service for which	3715
operating expenses are determined under division (B)(1) of this	3716
section, divide the difference between the amount determined under	3717
division (B)(1) of this section and the amount determined under	3718
division (B)(2) of this section by the total number of handicapped	3719
preschool children not included in units approved under division	3720
(B) of section 3317.05 of the Revised Code who received that type	3721
of service;	3722

(4) Determine the sum of the quotients obtained under	3723
division (B)(3) of this section for all types of special education	3724
services provided to the child for whom tuition is being	3725
calculated.	3726

The state board of education shall adopt rules defining the	3727
types of special education services and specifying the operating	3728
expenses to be used in the computation under this section.	3729

If any child for whom a tuition charge is computed under this	3730
section for any school year is enrolled in a district for only	3731
part of that school year, the amount of the district's tuition	3732
charge for the child for the school year shall be computed in	3733
proportion to the number of school days the child is enrolled in	3734
the district during the school year.	3735

Except as otherwise provided in division (I)(J) of section	3736
3313.64 of the Revised Code, whenever a district admits a child to	3737
its schools for whom tuition computed in accordance with this	3738
section is an obligation of another school district, the amount of	3739
the tuition shall be certified by the treasurer of the board of	3740
education of the district of attendance, to the board of education	3741
of the district required to pay tuition for its approval and	3742
payment. If agreement as to the amount payable or the district	3743
required to pay the tuition cannot be reached, or the board of	3744
education of the district required to pay the tuition refuses to	3745
pay that amount, the board of education of the district of	3746
attendance shall notify the superintendent of public instruction.	3747
The superintendent shall determine the correct amount and the	3748
district required to pay the tuition and shall deduct that amount,	3749
if any, under division (G) of section 3317.023 of the Revised	3750
Code, from the district required to pay the tuition and add that	3751
amount to the amount allocated to the district attended under such	3752
division. The superintendent of public instruction shall send to	3753
the district required to pay the tuition an itemized statement	3754
showing such deductions at the time of such deduction.	3755

When a political subdivision owns and operates an airport,	3756
welfare, or correctional institution or other project or facility	3757
outside its corporate limits, the territory within which the	3758
facility is located is exempt from taxation by the school district	3759
within which such territory is located, and there are school age	3760
children residing within such territory, the political subdivision	3761
owning such tax exempt territory shall pay tuition to the district	3762
in which such children attend school. The tuition for these	3763
children shall be computed as provided for in this section.	3764

Sec. 3334.01.  As used in this chapter:

3765

(A) "Aggregate original principal amount" means the aggregate	3766
of the initial offering prices to the public of college savings	3767
bonds, exclusive of accrued interest, if any. "Aggregate original	3768
principal amount" does not mean the aggregate accreted amount	3769
payable at maturity or redemption of such bonds.	3770

(B) "Beneficiary" means:

3771

(1) An individual designated by the purchaser under a tuition	3772
payment contract or through a scholarship program as the	3773
individual on whose behalf tuition credits purchased under the	3774
contract or awarded through the scholarship program will be	3775
applied toward the payment of undergraduate, graduate, or	3776
professional tuition; or	3777

(2) An individual designated by the contributor under a	3778
variable college savings program contract as the individual whose	3779
tuition and other higher education expenses will be paid from a	3780
variable college savings program account.	3781

(C) "Capital appreciation bond" means a bond for which the	3782
following is true:	3783

(1) The principal amount is less than the amount payable at	3784
maturity or early redemption; and	3785

(2) No interest is payable on a current basis.

3786

(D) "Tuition credit" means a credit of the Ohio tuition trust	3787
authority purchased under section 3334.09 of the Revised Code.	3788

(E) "College savings bonds" means revenue and other	3789
obligations issued on behalf of the state or any agency or issuing	3790
authority thereof as a zero-coupon or capital appreciation bond,	3791
and designated as college savings bonds as provided in this	3792
chapter. "College savings bond issue" means any issue of bonds of	3793
which any part has been designated as college savings bonds.	3794

(F) "Institution of higher education" means a state	3795
institution of higher education, a private college, university, or	3796
other postsecondary institution located in this state that	3797
possesses a certificate of authorization issued by the Ohio board	3798
of regents pursuant to Chapter 1713. of the Revised Code or a	3799
certificate of registration issued by the state board of career	3800
colleges and schools under Chapter 3332. of the Revised Code, or	3801
an accredited college, university, or other postsecondary	3802
institution located outside this state that is accredited by an	3803
accrediting organization or professional association recognized by	3804
the authority. To be considered an institution of higher	3805
education, an institution shall meet the definition of an eligible	3806
educational institution under section 529 of the Internal Revenue	3807
Code.	3808

(G) "Issuing authority" means any authority, commission,	3809
body, agency, or individual empowered by the Ohio Constitution or	3810
the Revised Code to issue bonds or any other debt obligation of	3811
the state or any agency or department thereof. "Issuer" means the	3812
issuing authority or, if so designated under division (B) of	3813
section 3334.04 of the Revised Code, the treasurer of state.	3814

(H) "Tuition" means the charges imposed to attend an	3815
institution of higher education as an undergraduate, graduate, or	3816
professional student and all fees required as a condition of	3817
enrollment, as determined by the Ohio tuition trust authority.	3818
"Tuition" does not include laboratory fees, room and board, or	3819
other similar fees and charges.	3820

(I) "Weighted average tuition" means the tuition cost	3821
resulting from the following calculation:	3822

(1) Add the products of the annual undergraduate tuition	3823
charged to Ohio residents at each four-year state university	3824
multiplied by that institution's total number of undergraduate	3825
fiscal year equated students; and	3826

(2) Divide the gross total of the products from division	3827
(I)(1) of this section by the total number of undergraduate fiscal	3828
year equated students attending four-year state universities.	3829

(J) "Zero-coupon bond" means a bond which has a stated	3830
interest rate of zero per cent and on which no interest is payable	3831
until the maturity or early redemption of the bond, and is offered	3832
at a substantial discount from its original stated principal	3833
amount.	3834

(K) "State institution of higher education" includes the	3835
state universities listed in section 3345.011 of the Revised Code,	3836
community colleges created pursuant to Chapter 3354. of the	3837
Revised Code, university branches created pursuant to Chapter	3838
3355. of the Revised Code, technical colleges created pursuant to	3839
Chapter 3357. of the Revised Code, state community colleges	3840
created pursuant to Chapter 3358. of the Revised Code, the medical	3841
college of Ohio at Toledo, and the northeastern Ohio universities	3842
college of medicine.	3843

(L) "Four-year state university" means those state	3844
universities listed in section 3345.011 of the Revised Code.	3845

(M) "Principal amount" refers to the initial offering price	3846
to the public of an obligation, exclusive of the accrued interest,	3847
if any. "Principal amount" does not refer to the aggregate	3848
accreted amount payable at maturity or redemption of an	3849
obligation.	3850

(N) "Scholarship program" means a program registered with the	3851
Ohio tuition trust authority pursuant to section 3334.17 of the	3852
Revised Code.	3853

(O) "Internal Revenue Code" means the "Internal Revenue Code	3854
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	3855

(P) "Other higher education expenses" means room and board	3856
and books, supplies, equipment, and nontuition-related fees	3857
associated with the cost of attendance of a beneficiary at an	3858
institution of higher education, but only to the extent that such	3859
expenses meet the definition of "qualified higher education	3860
expenses" under section 529 of the Internal Revenue Code. "Other	3861
higher education expenses" does not include tuition as defined in	3862
division (H) of this section.	3863

(Q) "Purchaser" means the person signing the tuition payment	3864
contract, who controls the account and acquires tuition credits	3865
for an account under the terms and conditions of the contract.	3866

(R) "Contributor" means a person who signs a variable college	3867
savings program contract with the Ohio tuition trust authority and	3868
contributes to and owns the account created under the contract.	3869

(S) "Contribution" means any payment directly allocated to an	3870
account for the benefit of the designated beneficiary of the	3871
account.	3872

Sec. 3334.12.  Notwithstanding anything to the contrary in	3873
sections 3334.07 and 3334.09 of the Revised Code:	3874

(A) Annually, the Ohio tuition trust authority shall have the	3875
actuarial soundness of the Ohio tuition trust fund evaluated by a	3876
nationally recognized actuary and shall determine whether	3877
additional assets are necessary to defray the obligations of the	3878
authority. If, after the authority sets the price for tuition	3879
credits, circumstances arise that the executive director	3880
determines necessitate an additional evaluation of the actuarial	3881
soundness of the fund, the executive director shall have a	3882
nationally recognized actuary conduct the necessary evaluation. If	3883
the assets of the fund are insufficient to ensure the actuarial	3884
soundness of the fund, the authority shall adjust the price of	3885
subsequent purchases of tuition credits to the extent necessary to	3886
help restore the actuarial soundness of the fund. If, at any time,	3887
the adjustment is likely, in the opinion of the authority, to	3888
diminish the marketability of tuition credits to an extent that	3889
the continued sale of the credits likely would not restore the	3890
actuarial soundness of the fund and external economic factors	3891
continue to negatively impact the soundness of the program, the	3892
authority may suspend sales, either permanently or temporarily, of	3893
tuition credits. During any suspension, the authority shall	3894
continue to service existing college savings program accounts.	3895

(B) Upon termination of the program or liquidation of the	3896
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	3897
the Ohio tuition trust operating fund, any remaining assets of the	3898
funds after all obligations of the funds have been satisfied	3899
pursuant to division (B) of section 3334.11 of the Revised Code	3900
shall be transferred to the general revenue fund of the state.	3901

(C) The authority shall prepare and cause to have audited an	3902
annual financial report on all financial activity of the Ohio	3903
tuition trust authority within ninety days of the end of the	3904
fiscal year. The authority shall transmit a copy of the audited	3905
financial report to the governor, the president of the senate, the	3906
speaker of the house of representatives, and the minority leaders	3907
of the senate and the house of representatives. Copies of the	3908
audited financial report also shall be made available, upon	3909
request, to the persons entering into contracts with the authority	3910
and to prospective purchasers of tuition credits and prospective	3911
contributors to variable college savings program accounts.	3912

Sec. 3334.17.  (A) The state, any political subdivision of	3913
the state, and any organization that is exempt from federal income	3914
taxation under section 501 (a) and described in section 501 (c)(3)	3915
of the Internal Revenue Code, including the Ohio tuition trust	3916
authority if this is authorized under federal tax law, may	3917
establish a scholarship program to award scholarships consisting	3918
of tuition creditscontributions made to any college savings	3919
program for students. Any scholarship program established under	3920
this section shall be registered with the Ohio tuition trust	3921
authority. The authority shall be notified of the name and address	3922
of each scholarship beneficiary under the program, the number of	3923
creditsamounts awarded, and the institution of higher education	3924
in which the beneficiary is enrolled. Scholarship beneficiaries	3925
shall be selected by the entity establishing the scholarship	3926
program, in accordance with criteria established by the entity.	3927

(B) Any person or governmental entity may purchase tuition	3928
credits on behalf of a scholarship program that is or is to be	3929
established in accordance with division (A) of this section at the	3930
same price as is established for the purchase of credits for named	3931
beneficiaries pursuant to this chapter. Tuition credits shall have	3932
the same value to the beneficiary of a scholarship awarded	3933
pursuant to this section as they would have to any other	3934
beneficiary pursuant to division (B) of section 3334.09 of the	3935
Revised Code.	3936

(C) The entity establishing and maintaining a scholarship	3937
program shall specify whether a scholarship beneficiary may	3938
receive a refund or payment for the tuition creditsamount awarded	3939
under the scholarship program directly from the tuition trust	3940
authority, or whether the amount of such creditsawarded shall be	3941
paid by the authority only to the institution of higher education	3942
in which the student is enrolled.	3943

(D) If a scholarship beneficiary does not use tuition credits	3944
the amount awarded within a length of time specified under the	3945
scholarship program, the creditsamount may be awarded to another	3946
beneficiary.	3947

Sec. 3334.19.  (A) The Ohio tuition trust authority shall	3948
adopt an investment plan that sets forth investment policies and	3949
guidelines to be utilized in administering the variable college	3950
savings program. Except as provided in section 3334.20 of the	3951
Revised Code, the authority shall contract with one or more	3952
insurance companies, banks, or other financial institutions to act	3953
as its investment agents and to provide such services as the	3954
authority considers appropriate to the investment plan, including:	3955

(1) Purchase, control, and safekeeping of assets;

3956

(2) Record keeping and accounting for individual accounts and	3957
for the program as a whole;	3958

(3) Provision of consolidated statements of account.

3959

(B) The authority or its investment agents shall maintain a	3960
separate account for the beneficiary of each contract entered into	3961
under the variable college savings program. If a beneficiary has	3962
more than one such account, the authority or its agents shall	3963
track total contributions and earnings and provide a consolidated	3964
system of account distributions to institutions of higher	3965
education.	3966

(C) The authority or its investment agents may place assets	3967
of the program in savings accounts and may purchase fixed or	3968
variable life insurance or annuity contracts, securities, evidence	3969
of indebtedness, or other investment products pursuant to the	3970
investment plan.	3971

(D) Contributors shall not direct the investment of their	3972
contributions under the investment plan. The authority shall	3973
impose other limits on contributors' investment discretion asto	3974
the extent required under section 529 of the Internal Revenue	3975
Code.	3976

(E) The investment agents with which the authority contracts	3977
shall discharge their duties with respect to program funds with	3978
the care and diligence that a prudent person familiar with such	3979
matters and with the character and aims of the program would use.	3980

(F) The assets of the program shall be preserved, invested,	3981
and expended solely for the purposes of this chapter and shall not	3982
be loaned or otherwise transferred or used by the state for any	3983
other purpose. This section shall not be construed to prohibit the	3984
investment agents of the authority from investing, by purchase or	3985
otherwise, in bonds, notes, or other obligations of the state or	3986
any agency or instrumentality of the state. Unless otherwise	3987
specified by the authority, assets of the program shall be	3988
expended in the following order of priority:	3989

(1) To make payments on behalf of beneficiaries;

3990

(2) To make refunds upon termination of variable college	3991
savings program contracts;	3992

(3) To pay the authority's costs of administering the program	3993
administration and operations;	3994

(4) To pay or cover any other expenditure or disbursement the	3995
authority determines necessary or appropriate.	3996

(G) Fees, charges, and other costs imposed or collected by	3997
the authority in connection with the variable college savings	3998
program, including any fees or other payments that the authority	3999
requires an investment agent to pay to the authority, shall be	4000
credited to the variable operating fund. The fund shall be in the	4001
custody of the treasurer of state, but shall not be part of the	4002
state treasury. Expenses incurred in the administration of the	4003
variable college savings program, as well as other expenses,	4004
disbursements, or payments the authority considers appropriate for	4005
the benefit of any college savings programs administered by the	4006
authority, the state of Ohio and its citizens, shall be paid from	4007
the variable operating fund.	4008

(H) No records of the authority indicating the identity of	4009
purchasers, contributors, and beneficiaries under the program or	4010
amounts contributed to, earned by, or distributed from program	4011
accounts are public records within the meaning of section 149.43	4012
of the Revised Code.	4013

Sec. 5705.412.  (A) As used in this section, "qualifying	4014
contract" means any agreement for the expenditure of money under	4015
which aggregate payments from the funds included in the school	4016
district's five-year forecast under section 5705.391 of the	4017
Revised Code will exceed the lesser of the following amounts:	4018

(1) Five hundred thousand dollars;

4019

(2) One per cent of the total revenue to be credited in the	4020
current fiscal year to the district's general fund, as specified	4021
in the district's most recent certificate of estimated resources	4022
certified under section 5705.36 of the Revised Code.	4023

(B) Notwithstanding section 5705.41 of the Revised Code, no	4024
school district shall adopt any appropriation measure, make any	4025
qualifying contract, or increase during any school year any wage	4026
or salary schedule unless there is attached thereto a certificate,	4027
signed as required by this section, that the school district has	4028
in effect the authorization to levy taxes including the renewal or	4029
replacement of existing levies which, when combined with the	4030
estimated revenue from all other sources available to the district	4031
at the time of certification, are sufficient to provide the	4032
operating revenues necessary to enable the district to maintain	4033
all personnel and programs for all the days set forth in its	4034
adopted school calendars for the current fiscal year and for a	4035
number of days in succeeding fiscal years equal to the number of	4036
days instruction was held or is scheduled for the current fiscal	4037
year, as follows:	4038

(1) A certificate attached to an appropriation measure under	4039
this section shall cover only the fiscal year in which the	4040
appropriation measure is effective and shall not consider the	4041
renewal or replacement of an existing levy as the authority to	4042
levy taxes that are subject to appropriation in the current fiscal	4043
year unless the renewal or replacement levy has been approved by	4044
the electors and is subject to appropriation in the current fiscal	4045
year.	4046

(2) A certificate attached, in accordance with this section,	4047
to any qualifying contract shall cover the term of the contract.	4048

(3) A certificate attached under this section to a wage or	4049
salary schedule shall cover the term of the schedule.	4050

If the board of education has not adopted a school calendar	4051
for the school year beginning on the first day of the fiscal year	4052
in which a certificate is required, the certificate attached to an	4053
appropriation measure shall include the number of days on which	4054
instruction was held in the preceding fiscal year and other	4055
certificates required under this section shall include that number	4056
of days for the fiscal year in which the certificate is required	4057
and any succeeding fiscal years that the certificate must cover.	4058

The certificate shall be signed by the treasurer and	4059
president of the board of education and the superintendent of the	4060
school district, unless the district is in a state of fiscal	4061
emergency declared under Chapter 3316. of the Revised Code. In	4062
that case, the certificate shall be signed by a member of the	4063
district's financial planning and supervision commission who is	4064
designated by the commission for this purpose.	4065

(C) Every qualifying contract made or wage or salary schedule	4066
adopted or put into effect without such a certificate shall be	4067
void, and no payment of any amount due thereon shall be made.	4068

(D) The department of education and the auditor of state	4069
jointly shall adopt rules governing the methods by which	4070
treasurers, presidents of boards of education, superintendents,	4071
and members of financial planning and supervision commissions	4072
shall estimate revenue and determine whether such revenue is	4073
sufficient to provide necessary operating revenue for the purpose	4074
of making certifications required by this section.	4075

(E) The auditor of state shall be responsible for determining	4076
whether school districts are in compliance with this section. At	4077
the time a school district is audited pursuant to section 117.11	4078
of the Revised Code, the auditor of state shall review each	4079
certificate issued under this section since the district's last	4080
audit, and the appropriation measure, contract, or wage and salary	4081
schedule to which such certificate was attached. If the auditor of	4082
state determines that a school district has not complied with this	4083
section with respect to any qualifying contract or wage or salary	4084
schedule, the auditor of state shall notify the prosecuting	4085
attorney for the county, the city director of law, or other chief	4086
law officer of the school district. That officer may file a civil	4087
action in any court of appropriate jurisdiction to seek a	4088
declaration that the contract or wage or salary schedule is void,	4089
to recover for the school district from the payee the amount of	4090
payments already made under it, or both, except that the officer	4091
shall not seek to recover payments made under any collective	4092
bargaining agreement entered into under Chapter 4117. of the	4093
Revised Code. If the officer does not file such an action within	4094
one hundred twenty days after receiving notice of noncompliance	4095
from the auditor of state, any taxpayer may institute the action	4096
in the taxpayer's own name on behalf of the school district.	4097

(F) This section does not apply to any contract or increase	4098
in any wage or salary schedule that is necessary in order to	4099
enable a board of education to comply with division (B) of section	4100
3317.13 of the Revised Code, provided the contract or increase	4101
does not exceed the amount required to be paid to be in compliance	4102
with such division.	4103

(G) Any officer, employee, or other person who expends or	4104
authorizes the expenditure of any public funds or authorizes or	4105
executes any contract or schedule contrary to this section,	4106
expends or authorizes the expenditure of any public funds on the	4107
void contract or schedule, or issues a certificate under this	4108
section which contains any false statements is liable to the	4109
school district for the full amount paid from the district's funds	4110
on the contract or schedule. The officer, employee, or other	4111
person is jointly and severally liable in person and upon any	4112
official bond that the officer, employee, or other person has	4113
given to the school district to the extent of any payments on the	4114
void claim, not to exceed ten thousand dollars. However, no	4115
officer, employee, or other person shall be liable for a mistaken	4116
estimate of available resources made in good faith and based upon	4117
reasonable grounds. If an officer, employee, or other person is	4118
found to have complied with rules jointly adopted by the	4119
department of education and the auditor of state under this	4120
section governing methods by which revenue shall be estimated and	4121
determined sufficient to provide necessary operating revenue for	4122
the purpose of making certifications required by this section, the	4123
officer, employee, or other person shall not be liable under this	4124
section if the estimates and determinations made according to	4125
those rules do not, in fact, conform with actual revenue. The	4126
prosecuting attorney of the county, the city director of law, or	4127
other chief law officer of the district shall enforce this	4128
liability by civil action brought in any court of appropriate	4129
jurisdiction in the name of and on behalf of the school district.	4130
If the prosecuting attorney, city director of law, or other chief	4131
law officer of the district fails, upon the written request of any	4132
taxpayer, to institute action for the enforcement of the	4133
liability, the attorney general, or the taxpayer in the taxpayer's	4134
own name, may institute the action on behalf of the subdivision.	4135

(H) This section does not require the attachment of an	4136
additional certificate beyond that required by section 5705.41 of	4137
the Revised Code for current payrolls of, or contracts of	4138
employment with, regularany employees or officers of the school	4139
district.	4140

This section does not require the attachment of a certificate	4141
to a temporary appropriation measure if all of the following	4142
apply:	4143

(1) The amount appropriated does not exceed twenty-five per	4144
cent of the total amount from all sources available for	4145
expenditure from any fund during the preceding fiscal year;	4146

(2) The measure will not be in effect on or after the	4147
thirtieth day following the earliest date on which the district	4148
may pass an annual appropriation measure;	4149

(3) An amended official certificate of estimated resources	4150
for the current year, if required, has not been certified to the	4151
board of education under division (B) of section 5705.36 of the	4152
Revised Code.	4153

Section 2. That existing sections 3301.079, 3301.0710,	4154
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91,	4155
3302.01, 3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532,	4156
3313.6010, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.64,	4157
3313.65, 3313.97, 3314.012, 3314.02, 3314.03, 3314.20, 3317.023,	4158
3317.04, 3317.08, 3334.01, 3334.12, 3334.17, 3334.19, and 5705.412	4159
and sections        Sec. 3301.0713.        Sec.  and 3365.15.  of the Revised Code are hereby	4160
repealed.	4161

Section 3. (A) In each school year prior to July 1, 2005, the	4162
performance index score, as defined in section 3302.01 of the	4163
Revised Code, as amended by this act, calculated for school	4164
districts and school buildings shall include data from any	4165
proficiency tests required to be administered under section	4166
3301.0712 in the applicable year, except that weights shall only	4167
be assigned for the four ranges of scores established by division	4168
(B) of this section.	4169

(B) For each proficiency test required to be administered	4170
pursuant to section 3301.0712 of the Revised Code, as amended by	4171
this act, the four ranges of scores used to denote different	4172
levels of achievement on each test shall be the same as the levels	4173
of achievement described in division (A)(2) of section 3301.0710	4174
of the Revised Code, as it existed prior to the effective date of	4175
this act.	4176

Section 4. That section 3313.608 of the Revised Code be	4177
amended to read as follows:	4178

Sec. 3313.608.  (A) Beginning with students who enter third	4179
grade in the school year that starts July 1, 2003, for any student	4180
who attains a score in the range designated under division	4181
(A)(2)(d)(e) of section 3301.0710 of the Revised Code on the test	4182
prescribed under that section to measure skill in reading expected	4183
at the end of third grade, each school district, in accordance	4184
with the policy adopted under section 3313.609 of the Revised	4185
Code, shall do one of the following:	4186

(1) Promote the student to fourth grade if the student's	4187
principal and reading teacher agree that other evaluations of the	4188
student's skill in reading demonstrate that the student is	4189
academically prepared to be promoted to fourth grade;	4190

(2) Promote the student to fourth grade but provide the	4191
student with intensive intervention services in fourth grade;	4192

(3) Retain the student in third grade.

4193

This section does not apply to any student excused from	4194
taking such test under division (C)(1) of section 3301.0711 of the	4195
Revised Code.	4196

(B)(1) To assist students in meeting this third grade	4197
guarantee established by this section, each school district shall	4198
adopt policies and procedures with which it shall annually assess	4199
the reading skills of each student at the end of first and second	4200
grade and identify students who are reading below their grade	4201
level. If the diagnostic assessment to measure reading ability for	4202
the appropriate grade level has been developed in accordance with	4203
division (D)(1) of section 3301.079 of the Revised Code, each	4204
school district shall use such diagnostic assessment to identify	4205
such students, except that any district declared excellent under	4206
to which division (B)(1)(E) of section 3302.033301.0715 of the	4207
Revised Code applies may use another assessment to identify such	4208
students. The policies and procedures shall require the students'	4209
classroom teachers to be involved in the assessment and the	4210
identification of students reading below grade level. The district	4211
shall notify the parent or guardian of each student whose reading	4212
skills are below grade level and, in accordance with division (C)	4213
of this section, provide intervention services to each student	4214
reading below grade level. Such intervention services shall	4215
include instruction in intensive, systematic phonetics pursuant to	4216
rules adopted by the state board of education.	4217

(2) For each student entering third grade after July 1, 2003,	4218
who does not attain by the end of the third grade at least a score	4219
in the range designated under division (A)(2)(b)(c) of section	4220
3301.0710 of the Revised Code on the test prescribed under that	4221
section to measure skill in reading expected at the end of third	4222
grade, the district also shall offer intense remediation services,	4223
and another opportunity to take that test, during the summer	4224
following third grade.	4225

(C) For each student required to be offered intervention	4226
services under this section, the district shall involve the	4227
student's parent or guardian and classroom teacher in developing	4228
the intervention strategy, and shall offer to the parent or	4229
guardian the opportunity to be involved in the intervention	4230
services.	4231

(D) Any summer remediation services funded in whole or in	4232
part by the state and offered by school districts to students	4233
under this section shall meet the following conditions:	4234

(1) The remediation methods are based on reliable educational	4235
research.	4236

(2) The school districts conduct testing before and after	4237
students participate in the program to facilitate monitoring	4238
results of the remediation services.	4239

(3) The parents of participating students are involved in	4240
programming decisions.	4241

(4) The services are conducted in a school building or	4242
community center and not on an at-home basis.	4243

(E) In addition to the dates designated under division (C)(1)	4244
of section 3301.0710 of the Revised Code for the administration of	4245
the test prescribed under that section to measure skill in reading	4246
expected at the end of third grade, the state board of education	4247
shall annually designate dates on which such test shall be	4248
administered to students in the fourth and fifth grades who have	4249
not attained at least a score in the range designated under	4250
division (A)(2)(b) of section 3301.0710 of the Revised Code as	4251
follows:	4252

(1) One date prior to the thirty-first day of December each	4253
school year for fourth grade students;	4254

(2) One date that is not earlier than Monday of the week	4255
containing the eighth day of March each school year for fourth and	4256
fifth grade students;	4257

(3) One date during the summer for fourth grade students.

4258

(F) If any fourth grade student attains a score in the range	4259
designated under division (A)(2)(d) of section 3301.0710 of the	4260
Revised Code, on the test administered under division (E)(3) of	4261
this section, the school district, in accordance with the district	4262
policy adopted under section 3313.609 of the Revised Code, shall	4263
do one of the following:	4264

(1) Promote the student to fifth grade if the student's	4265
principal and reading teacher agree that other evaluations of the	4266
student's skill in reading demonstrate that the student is	4267
academically prepared to be promoted to fifth grade;	4268

(2) Promote the student to fifth grade but provide the	4269
student with intensive intervention services in fifth grade;	4270

(3) Retain the student in fourth grade.

4271

(G) This section does not create a new cause of action or a	4272
substantive legal right for any person.	4273

Section 5.  That existing section 3313.608 of the Revised	4274
Code is hereby repealed.	4275

Section 6. That the version of section 3313.65 of the Revised	4276
Code that is scheduled to take effect on January 1, 2004, be	4277
amended to read as follows:	4278

Sec. 3313.65.  (A) As used in this section and section	4279
3313.64 of the Revised Code:	4280

(1) A person is "in a residential facility" if the person is	4281
a resident or a resident patient of an institution, home, or other	4282
residential facility that is:	4283

(a) Licensed as a nursing home, residential care facility, or	4284
home for the aging by the director of health under section 3721.02	4285
of the Revised Code or licensed as a community alternative home by	4286
the director of health under section 3724.03 of the Revised Code;	4287

(b) Licensed as an adult care facility by the director of	4288
health under Chapter 3722. of the Revised Code;	4289

(c) Maintained as a county home or district home by the board	4290
of county commissioners or a joint board of county commissioners	4291
under Chapter 5155. of the Revised Code;	4292

(d) Operated or administered by a board of alcohol, drug	4293
addiction, and mental health services under section 340.03 or	4294
340.06 of the Revised Code, or provides residential care pursuant	4295
to contracts made under section 340.03 or 340.033 of the Revised	4296
Code;	4297

(e) Maintained as a state institution for the mentally ill	4298
under Chapter 5119. of the Revised Code;	4299

(f) Licensed by the department of mental health under section	4300
5119.20 or 5119.22 of the Revised Code;	4301

(g) Licensed as a residential facility by the department of	4302
mental retardation and developmental disabilities under section	4303
5123.19 of the Revised Code;	4304

(h) Operated by the veteran's administration or another	4305
agency of the United States government;	4306

(i) The Ohio soldiers' and sailors' home.

4307

(2) A person is "in a correctional facility" if any of the	4308
following apply:	4309

(a) The person is an Ohio resident and is:

4310

(i) Imprisoned, as defined in section 1.05 of the Revised	4311
Code;	4312

(ii) Serving a term in a community-based correctional	4313
facility or a district community-based correctional facility;	4314

(iii) Required, as a condition of parole, a post-release	4315
control sanction, a community control sanction, transitional	4316
control, or early release from imprisonment, as a condition of	4317
shock parole or shock probation granted under the law in effect	4318
prior to July 1, 1996, or as a condition of a furlough granted	4319
under the version of section 2967.26 of the Revised Code in effect	4320
prior to March 17, 1998, to reside in a halfway house or other	4321
community residential center licensed under section 2967.14 of the	4322
Revised Code or a similar facility designated by the court of	4323
common pleas that established the condition or by the adult parole	4324
authority.	4325

(b) The person is imprisoned in a state correctional	4326
institution of another state or a federal correctional institution	4327
but was an Ohio resident at the time the sentence was imposed for	4328
the crime for which the person is imprisoned.	4329

(3) A person is "in a juvenile residential placement" if the	4330
person is an Ohio resident who is under twenty-one years of age	4331
and has been removed, by the order of a juvenile court, from the	4332
place the person resided at the time the person became subject to	4333
the court's jurisdiction in the matter that resulted in the	4334
person's removal.	4335

(4) "Community control sanction" has the same meaning as in	4336
section 2929.01 of the Revised Code.	4337

(5) "Post-release control sanction" has the same meaning as	4338
in section 2967.01 of the Revised Code.	4339

(B) If the circumstances described in division (C) of this	4340
section apply, the determination of what school district must	4341
admit a child to its schools and what district, if any, is liable	4342
for tuition shall be made in accordance with this section, rather	4343
than section 3313.64 of the Revised Code.	4344

(C) A child who does not reside in the school district in	4345
which the child's parent resides and for whom a tuition obligation	4346
previously has not been established under division (C)(2) of	4347
section 3313.64 of the Revised Code shall be admitted to the	4348
schools of the district in which the child resides if at least one	4349
of the child's parents is in a residential or correctional	4350
facility or a juvenile residential placement and the other parent,	4351
if living and not in such a facility or placement, is not known to	4352
reside in this state.	4353

(D) Regardless of who has custody or care of the child,	4354
whether the child resides in a home, or whether the child receives	4355
special education, if a district admits a child under division (C)	4356
of this section, tuition shall be paid to that district as	4357
follows:	4358

(1) If the child's parent is in a juvenile residential	4359
placement, by the district in which the child's parent resided at	4360
the time the parent became subject to the jurisdiction of the	4361
juvenile court;	4362

(2) If the child's parent is in a correctional facility, by	4363
the district in which the child's parent resided at the time the	4364
sentence was imposed;	4365

(3) If the child's parent is in a residential facility, by	4366
the district in which the parent resided at the time the parent	4367
was admitted to the residential facility, except that if the	4368
parent was transferred from another residential facility, tuition	4369
shall be paid by the district in which the parent resided at the	4370
time the parent was admitted to the facility from which the parent	4371
first was transferred;	4372

(4) In the event of a disagreement as to which school	4373
district is liable for tuition under division (C)(1), (2), or (3)	4374
of this section, the superintendent of public instruction shall	4375
determine which district shall pay tuition.	4376

(E) If a child covered by division (D) of this section	4377
receives special education in accordance with Chapter 3323. of the	4378
Revised Code, the tuition shall be paid in accordance with section	4379
3323.13 or 3323.14 of the Revised Code. Tuition for children who	4380
do not receive special education shall be paid in accordance with	4381
division (I)(J) of section 3313.64 of the Revised Code.	4382

Section 7. That the existing version of section 3313.65 of	4383
the Revised Code that is scheduled to take effect on January 1,	4384
2004, is hereby repealed.	4385

Section 8. Sections 6 and 7 of this act take effect on	4386
January 1, 2004.	4387

Section 9.  Within thirty days after the effective date of	4388
this act, the Governor, the President of the Senate, and the	4389
Speaker of the House of Representatives shall appoint members to	4390
the Ohio Accountability Task Force pursuant to section 3302.021 of	4391
the Revised Code, as enacted by this act. Within sixty days after	4392
the effective date of this act, the Ohio Accountability Task Force	4393
shall convene for its initial meeting.	4394

Section 10.  Not later than ninety days after the effective	4395
date of this section, the Superintendent of Public Instruction	4396
shall submit to the General Assembly a detailed financial analysis	4397
of the projected costs for the state and for each school district	4398
of compliance with the "No Child Left Behind Act of 2001," Pub. L.	4399
107-110, 20 U.S.C. 6301 et seq.; the amount of new federal funds	4400
the state can reasonably expect to receive per year under that	4401
act; and the financial consequences to the state and each school	4402
district for noncompliance with that act. The financial analysis	4403
shall examine the costs involved in building the capacity of	4404
school districts and buildings to assist students in achieving at	4405
levels that satisfy federal and state requirements. These costs	4406
shall include, but not be limited to, the following:	4407

(A) The costs for all school districts and buildings to make	4408
adequate yearly progress each year through the 2013-2014 school	4409
year and to have all students performing at the proficient level	4410
on achievement tests by June 30, 2014;	4411

(B) The costs of providing intervention services to students	4412
who are not achieving at expected levels;	4413

(C) The costs of professional development for teachers and	4414
administrators on the statewide academic standards adopted	4415
pursuant to section 3301.079 of the Revised Code and on the	4416
interpretation of student performance data;	4417

(D) The costs of extending the school day or year under	4418
division (E)(3) of section 3302.04 of the Revised Code;	4419

(E) The costs of complying with the requirement that teachers	4420
of core subject areas be "highly qualified" as defined in federal	4421
law.	4422

Section 11. The Legislative Office of Education Oversight	4423
shall conduct a study that evaluates the correlation between	4424
students' race and class and academic achievement, particularly	4425
comparing the academic achievement of low-income, African-American	4426
and Hispanic students with that of middle-class, white students.	4427
In conducting the study, the Office shall use at least five years	4428
of data collected and maintained by the Ohio Department of	4429
Education. The study shall focus on the academic achievement of	4430
students in the fourth, sixth, and ninth grades. The Office shall	4431
submit the final results of the study to the General Assembly not	4432
later than September 30, 2004.	4433

Section 12. The Legislative Office of Education Oversight	4434
shall conduct a study of the intervention services required to be	4435
provided by school districts under sections 3301.0711, 3313.608,	4436
and 3313.6012 of the Revised Code. If any diagnostic assessment is	4437
administered by school districts in accordance with section	4438
3301.0715 of the Revised Code in the school year beginning July 1,	4439
2003, the Office also shall include the intervention services	4440
required by that section in the study. In conducting the study,	4441
the Office shall examine each of the following issues:	4442

(A) The types of intervention services that districts are	4443
currently providing to students;	4444

(B) The manner in which the Department of Education informs	4445
districts of their obligation to provide intervention services and	4446
assists the districts in developing appropriate intervention	4447
strategies;	4448

(C) The manner in which the Department tracks compliance by	4449
school districts with requirements to provide intervention	4450
services;	4451

(D) The cost to districts of providing intervention services;

4452

(E) Whether there are any intervention services that	4453
districts are not providing due to insufficient funding.	4454

The Office shall issue a written report of its findings to	4455
the General Assembly not later than December 31, 2004.	4456

Section 13. The Legislative Office of Education Oversight	4457
shall conduct a study of the performance of students in the Class	4458
of 2007 on the Ohio Graduation Tests prescribed by division (B) of	4459
section 3301.0710 of the Revised Code to determine how well	4460
students meet the statewide academic standards developed pursuant	4461
to section 3301.079 of the Revised Code. The study shall include	4462
all students who enter the ninth grade in the school year	4463
beginning July 1, 2003; the Office shall not exclude from any	4464
analysis students who leave school prior to graduation. In	4465
conducting the study, the Office shall determine the number of	4466
such students who attain a score at the proficient level on all	4467
five of the Ohio Graduation Tests by June 30, 2007. To the extent	4468
possible, the Office also shall determine the number of such	4469
students who satisfy the alternative conditions described in	4470
section 3313.615 of the Revised Code for meeting the testing	4471
requirement to be eligible for a diploma. The Office shall issue	4472
annual written reports to the General Assembly, and shall issue a	4473
final, comprehensive written report of its findings to the General	4474
Assembly not later than December 31, 2007.	4475

Section 14. The Legislative Office of Education Oversight	4476
shall conduct a study that reviews the progress of school	4477
districts and the Department of Education in hiring highly	4478
qualified teachers in the core subject areas of English, reading,	4479
language arts, mathematics, science, foreign language, civics and	4480
government, economics, arts, history, and geography, as required	4481
by Title I of the "No Child Left Behind Act," Pub. L. No. 107-110.	4482
The study shall evaluate, over a five-year period, all of the	4483
following:	4484

(A) The progress of individual school districts in complying	4485
with the highly qualified teacher requirement;	4486

(B) Whether the definition of "highly qualified teacher"	4487
adopted by the State Board of Education complies with the "No	4488
Child Left Behind Act";	4489

(C) The efforts of the Department of Education in assisting	4490
school districts to comply with the "No Child Left Behind Act's"	4491
requirement, and in monitoring the progress of school districts in	4492
ensuring highly qualified teachers are employed in core subject	4493
areas.	4494

The Office shall submit three interim reports of its findings	4495
to the General Assembly. The first interim report shall evaluate	4496
compliance with the highly qualified teacher requirement in the	4497
2002-2003 and 2003-2004 school years, the second interim report	4498
shall evaluate compliance with the requirement in the 2004-2005	4499
school year, and the third interim report shall evaluate	4500
compliance with the requirement in the 2005-2006 school year. A	4501
final report shall be submitted to the General Assembly that	4502
evaluates compliance in the 2006-2007 school year and the prior	4503
four school years.	4504

Section 15. Until the Department of Education incorporates a	4505
value-added progress dimension into the performance ratings in	4506
accordance with section 3302.021 of the Revised Code, as enacted	4507
by this act, the Department shall include a growth factor based	4508
upon the performance index score, as defined in section 3302.01 of	4509
the Revised Code, as amended by this act, in the determination of	4510
performance ratings for school districts and buildings.	4511

Section 16. The amendment of rule 3301-35-10 of the	4512
Administrative Code, as proposed by the State Board of Education	4513
on January 14, 2003, is not subject to the requirement of former	4514
section 3314.20 of the Revised Code that the rule be approved by	4515
the General Assembly through the passage of a joint resolution	4516
before the rule may take effect. Notwithstanding any provision of	4517
Chapter 119. of the Revised Code to the contrary, the State Board	4518
may file the amendment in final form under section 119.04 of the	4519
Revised Code on or after the effective date of this act. The	4520
amendment takes effect on the tenth day after being filed in final	4521
form under section 119.04 of the Revised Code, unless the State	4522
Board designates a later date.	4523

Section 17. The amendment of rule 3301-101-01 of the	4524
Administrative Code, as proposed by the State Board of Education	4525
on January 14, 2003, is not subject to the requirement of former	4526
section 3302.05 of the Revised Code that the rule be approved by	4527
the General Assembly through the passage of a joint resolution	4528
before the rule may take effect. Notwithstanding any provision of	4529
Chapter 119. of the Revised Code to the contrary, the State Board	4530
may file the amendment in final form under section 119.04 of the	4531
Revised Code on or after the effective date of this act. The	4532
amendment takes effect on the tenth day after being filed in final	4533
form under section 119.04 of the Revised Code, unless the State	4534
Board designates a later date.	4535

Section 18. The amendment of section 3301.91 of the Revised	4536
Code by this act is not intended to supersede its earlier repeal,	4537
effective July 1, 2004, by Am. Sub. H.B. 1 of the 123rd General	4538
Assembly.	4539

Section 19. Of the amounts appropriated for fiscal year 2004	4540
and fiscal year 2005 in appropriation item 200-455, Community	4541
Schools, Section 41 of Am. Sub. H.B. 95 of the 125th General	4542
Assembly, up to $250,000 in each fiscal year shall be used by the	4543
Department of Education to contract with the Ohio Foundation for	4544
School Choice to develop and conduct training sessions for	4545
sponsors of community schools as prescribed in division (A)(1) of	4546
section 3314.015 of the Revised Code. The contract shall require	4547
that in developing such training sessions, the Ohio Foundation for	4548
School Choice shall collect and disseminate examples of best	4549
practices used by sponsors of independent charter schools in Ohio	4550
and other states.	4551

This section supersedes the second paragraph under the	4552
heading "COMMUNITY SCHOOLS" in Section 41.06 of Am. Sub. H.B. 95	4553
of the 125th General Assembly. The Department shall not implement	4554
the provisions of that paragraph.	4555

Section 20. Not later than one year after the effective date	4556
of this section, the Department of Education shall make	4557
recommendations to the State Board of Education for assigning	4558
performance ratings pursuant to section 3302.03 of the Revised	4559
Code to school districts and buildings that make adequate yearly	4560
progress but show statistically significant differences in	4561
performance among white, middle-class students and any of the	4562
subgroups defined in section 3302.01 of the Revised Code. The	4563
recommendations shall provide for lowering the performance ratings	4564
assigned to such districts and buildings. The recommendations	4565
shall also specify the degree of difference between the	4566
performance of white, middle-class students and subgroups that	4567
should be deemed unacceptable and the appropriate length of time	4568
that districts and buildings should be granted to close the	4569
performance differences before having their performance ratings	4570
lowered. Copies of the recommendations shall be provided to the	4571
Governor, the President and Minority Leader of the Senate, the	4572
Speaker and Minority Leader of the House of Representatives, and	4573
the chairpersons and ranking minority members of the education	4574
committees.	4575

Section 21. For purposes of calculating the instructional and	4576
general fees charged in the prior academic year in implementing	4577
any instructional and general fee increase limitations imposed by	4578
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	4579
the instructional and general fees during an academic year for any	4580
state-assisted institution of higher education on the quarter	4581
system that does not increase its instructional and general fees	4582
during the summer term shall be defined as the sum of the	4583
instructional and general fees charged to a full-time student in	4584
the fall, winter, and spring quarters.	4585

For purposes of calculating the instructional and general	4586
fees charged in the prior academic year in implementing any	4587
instructional and general fee increase limitations imposed by	4588
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	4589
the instructional and general fees during an academic year for any	4590
state-assisted institution of higher education on the quarter	4591
system that does increase its instructional and general fees	4592
during the summer term shall be defined as three-fourths of the	4593
sum of the instructional and general fees charged to a full-time	4594
student in the fall, winter, spring, and summer quarters.	4595

For purposes of calculating the instructional and general	4596
fees charged in the prior academic year in implementing any	4597
instructional and general fee increase limitations imposed by	4598
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	4599
the instructional and general fees during an academic year for any	4600
state-assisted institution of higher education on the semester	4601
system that does not increase its instructional and general fees	4602
during the summer term shall be defined as the sum of the	4603
instructional and general fees charged to a full-time student in	4604
the fall and spring semesters.	4605

For purposes of calculating the instructional and general	4606
fees charged in the prior academic year in implementing any	4607
instructional and general fee increase limitations imposed by	4608
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	4609
the instructional and general fees during an academic year for any	4610
state-assisted institution of higher education on the semester	4611
system that does increase its instructional and general fees	4612
during the summer term shall be defined as two-thirds of the sum	4613
of the instructional and general fees charged to a full-time	4614
student in the fall, spring, and summer semesters.	4615

This section shall not apply to Miami University in	4616
implementing the pilot tuition restructuring plan recognized by	4617
Am. Sub. H.B. 95 of the 125th General Assembly.	4618

Section 22. When calculating the reappraisal guarantee under	4619
division (C) or (D) of section 3317.04 of the Revised Code in	4620
fiscal year 2005, the Department of Education shall include in a	4621
school district's fiscal year 2004 payments any transitional aid	4622
paid to the district under Section 41.37 of Am. Sub. H.B. 95 of	4623
the 125th General Assembly.	4624

Section 23.  Section 3314.03 of the Revised Code is presented	4625
in this act as a composite of the section as amended by both Sub.	4626
H.B. 248 and Sub. H.B. 364 of the 124th General Assembly. The	4627
General Assembly, applying the principle stated in division (B) of	4628
section 1.52 of the Revised Code that amendments are to be	4629
harmonized if reasonably capable of simultaneous operation, finds	4630
that the composite is the resulting version of the section in	4631
effect prior to the effective date of the section as presented in	4632
this act.	4633

Section 24. This act is hereby declared to be an emergency	4634
measure necessary for the immediate preservation of the public	4635
peace, health, and safety. The reason for such necessity is that	4636
Ohio needs to comply with the federal requirements contained in	4637
the "No Child Left Behind Act of 2001" and public schools need to	4638
know the accountability standards to which they will be held in	4639
future school years. Therefore, this act shall go into immediate	4640
effect.	4641